Daniel #701948 v. Gunn et al

Filing 5

ORDER: plaintiff to submit application and affidavit to proceed in forma pauperis by 3/27/2013; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

GARY JOSEPH DANIEL,
Plaintiff,

Case No. 1:13-cv-169

v.
Honorable Robert Holmes Bell
DEBORAH GUNN et al.,
Defendants.
____________________________________/
ORDER
This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. The
matter before the Court is Plaintiff’s motion for leave to proceed in forma pauperis (docket #2)
signed by Marc Daniel, who purports to have a power of attorney to act on Plaintiff’s behalf. Marc
Daniel cannot represent Plaintiff. In federal court, a party can represent himself or be represented
by an attorney, but cannot be represented by a non-lawyer. 28 U.S.C. § 1654; see Sykes v. United
States, No. 11-4005, 2012 WL 5974285, at * 3 (6th Cir. Nov. 29, 2012) (citing Shepard v. Wellman,
313 F.3d 963, 970 (6th Cir. 2002)). A power of attorney is “simply ineffective” to permit Marc
Daniel to represent Plaintiff. See Huff v. First Energy Corp., 5:12cv2583, 2013 WL 639328, at *
4 (N.D. Ohio Feb. 20, 2013) (collecting cases). The affidavit of indigency was also signed by Marc
Daniel and is insufficient for the same reason.
Furthermore, as a prisoner, plaintiff was required to submit a certified copy of his
prison trust account for the immediately preceding six-month period. 28 U.S.C. § 1915(a)(2). He
has failed to do so.

Plaintiff’s submissions in support of his application to proceed in forma pauperis are
completely inadequate. Plaintiff must submit an application and affidavit, signed personally by him,
accompanied by a certified prison account statement, within 28 days. Failure to do so may result in
the denial of pauper status.
IT IS SO ORDERED.

Dated: February 27, 2013

/s/ Joseph G. Scoville
United States Magistrate Judge

-2-