Saintal v. Foster et al

Filing 45

ORDER Denying 40 Motion to Add Power of Attorney. Signed by Magistrate Judge Peggy A. Leen on 4/16/12. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PRISCELLA R. SAINTAL,

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Plaintiff,
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vs.
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SHERYL FOSTER, et al.,
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Defendants. )
__________________________________________)

Case No. 2:11-cv-00445-KJD-PAL
ORDER
(Mot. for Power of Atty - Dkt. #40)

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Before the court is Plaintiff’s Motion to Add Power of Attorney (Dkt. #40). The court has
reviewed the motion and Defendants’ Opposition (Dkt. #44).
Plaintiff is an inmate at the Florence McClure Women’s Correctional Center and is appearing

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pro se. The court screened her amended complaint and found that she had stated a claim that

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Defendants have retaliated against her for filing grievances on behalf of a fellow inmate. In the current

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motion she seeks to add Kimberly Rene Boykins, her life partner, as her power of attorney for purposes

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of proceedings in this case. She makes this request contending that she suffers from emotional distress,

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threats and harassment by the Defendants by being placed in segregation, and that her partner is capable

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of making decisions on her behalf. Defendants oppose the request arguing it is not authorized by law,

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and Plaintiff has not cited any points and authorities supporting her request.

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The court appreciates that it is difficult for a pro se litigant to prosecute a federal civil rights

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case, and that the court has denied Plaintiff’s request for appointment of counsel to represent her.

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However, a non-lawyer may not engage in the unauthorized practice of law by taking legal action on

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behalf of a litigant in a federal case. Accordingly,

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IT IS ORDERED Plaintiff’s Motion to Add Power of Attorney (Dkt. #40) is DENIED.

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Dated this 16th day of April, 2012.

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______________________________________
Peggy A. Leen
United States Magistrate Judge