P.B. v. Burke County Public Schools Board of Education et al

Filing 13

ORDER that the Defendant shall re-file his Answer within fourteen (14) days of the entry of this Order. Signed by District Judge Martin Reidinger on 1/30/13. (Pro se litigant served by US Mail.)(nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00334-MR-DLH

P.B., as lawful guardian ad litem of
Minor Child, JANE DOE,

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Plaintiff,
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vs.
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BURKE COUNTY PUBLIC SCHOOLS )
BOARD OF EDUCATION, LINDA
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BRADSHAW, JOHN ROES 1-10, and )
MICHAEL ANDREW ALEXANDER,
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Defendants.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the Answer of Defendant
Michael Andrew Alexander [Doc. 12].
The Defendant Alexander’s Answer, which was filed pro se, identifies
the Plaintiff and the minor child for whom the Plaintiff serves as guardian ad
litem by their full names. Rule 5.2 of the Federal Rules of Civil Procedure
provides that “[u]nless the court orders otherwise, in an electronic or paper
filing with the court that contains . . . the name of an individual known to be
minor, . . . a party . . . making the filing may include only . . . the minor’s

initials . . . .” Fed. R. Civ. P. 5.2(a)(3). The Defendant’s Answer is in
violation of this Rule.1
Further, the Court notes that the Answer is not signed by the
Defendant. Rule 11 of the Federal Rules of Civil Procedure requires that
any pleading filed by an unrepresented party must be signed by that party
and include the signer’s address and, if applicable, the signer’s e-mail
address and telephone number.

Fed. R. Civ. P. 11(a).

The Court is

required to strike an unsigned pleading “unless the omission is promptly
corrected after being called to the . . . party’s attention.” Id.
IT IS, THEREFORE, ORDERED that the Defendant shall re-file his
Answer within fourteen (14) days of the entry of this Order. The re-filed
Answer shall refer to the minor party only by his or her initials. In the
interest of protecting the minor’s identity, only the guardian ad litem’s
initials should be used as well. Additionally, the re-filed Answer shall be
signed by the Defendant. The Defendant is advised that failure to re-file
his Answer as required by this Order will result in his Answer being
stricken from the record.

1

In order to protect the privacy of the minor party, the Defendant’s Answer has been
placed under seal.
2

IT IS SO ORDERED.
Signed: January 30, 2013

3