Wright v. O'Malley et al

Filing 30

ORDER granting 27 Motion to Strike Pleading re 23 Plaintiff's Brief. Signed by Magistrate Judge John F. Docherty on 11/22/2024. (Written Opinion) (ALM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Ashley D. W., 1

Case No. 24-cv-1596 (JFD)
Plaintiff,
ORDER

v.
Martin J. O'Malley,
Defendant.

This matter is before the Court on Defendant’s Motion to Strike Plaintiff’s Brief
pursuant to 28 U.S.C. § 1654 and Federal Rule of Civil Procedure 11(a) (Dkt. No. 27).
Plaintiff Ashley D. W. is representing herself in this matter. She is seeking judicial review
of a final decision by the Defendant Commissioner of Social Security, which denied her
social security disability benefits. The Brief filed in support of Plaintiff’s request for relief
was signed only by Plaintiff’s mother, not by Plaintiff. (See Dkt. No. 23.) Defendant now
moves to strike the Brief.
Title 28 U.S.C. § 1654 provides that, in federal court, “the parties may plead and
conduct their own cases personally or by counsel . . . ” (emphasis added). In other words,
Plaintiff must litigate her case personally or through an attorney. There is no indication that
Plaintiff’s mother is an attorney, and Plaintiff’s mother may not “conduct” Plaintiff’s case
for her. An exception to this rule exists for minor children who are denied social security

The District of Minnesota has adopted a policy of using only the first name and last initial
of nongovernment parties in Social Security cases.

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benefits, Crozier for A.C. v. Westside Community School District, 973 F.3d 882, 887 (8th
Cir. 2020), but Plaintiff is not a minor. Nor does the Medical Power of Attorney form on
file (Dkt. No. 19-1) empower Plaintiff’s mother to litigate on Plaintiff’s behalf, but even if
it did, the rule against a non-attorney representing a party would apply even if the form
were a general power of attorney. See Smith v. Soc. Sec. Admin., No. 5:23-CV-05222-TLBCDC, 2024 WL 459091, at *2 (W.D. Ark. Jan. 19, 2024), R. & R. adopted, 2024 WL
457148 (W.D. Ark. Feb. 6, 2024), aff’d, No. 24-1291, 2024 WL 3768499 (8th Cir. Mar.
29, 2024).
In addition, Rule 11(a) of the Federal Rules of Civil Procedure requires that “every
pleading, written motion, and other paper . . . be signed by at least one attorney of record
in the attorney’s name--or by a party personally if the party is unrepresented.” Fed. R. Civ.
P. 11(a) (emphasis added). “The court must strike an unsigned paper unless the omission
is promptly corrected after being called to the attorney’s or party’s attention.” Id. Plaintiff
did not personally sign the Brief filed at Docket No. 23.
The Court takes notice that, according to other filings in this case, Plaintiff has
multiple sclerosis and several other physical and mental impairments. Nonetheless, it
appears that Plaintiff is capable of submitting documents and signing her name. Most
recently, Plaintiff signed a letter on May 7, 2024, which was docketed on May 23, 2024
(Dkt. No. 10).
Accordingly, the Court must strike the Brief filed on October 24, 2024 (Dkt. No.
23), but the Court will grant Plaintiff an extension of time to January 22, 2025 to file a
Brief with Plaintiff’s signature. By separate letter, the Court will also refer Plaintiff to the
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Pro Se Project of the Minnesota Chapter of the Federal Bar Association for possible
assistance by a volunteer lawyer. Defendant’s Brief will be due 30 days after Plaintiff’s
Brief is filed, in accordance with Rule 7 of the Supplemental Rules for Social Security
Actions Under 42 U.S.C. § 405(g).

Accordingly, IT IS HEREBY ORDERED that:
1. Defendant’s Motion to Strike Plaintiff’s Brief pursuant to 28 U.S.C. § 1654 and
Federal Rule of Civil Procedure 11(a) (Dkt. No. 27) is GRANTED;
2. Plaintiff’s Brief (Dkt. No. 23) is STRICKEN;
3. Plaintiff is granted an extension of time to January 22, 2025 to file a Brief with
Plaintiff’s signature; and
4. By separate letter, the Court will refer Plaintiff to the Pro Se Project of the
Minnesota Chapter of the Federal Bar Association for possible assistance by a
volunteer lawyer.

Dated: November 22, 2024

s/ John F. Docherty
JOHN F. DOCHERTY
United States Magistrate Judge

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