United States Of America v. Bogart et al

Filing 16

ORDER - It is hereby ORDERED that: 1. Dustin Bogart's motion for ext of time 15 to fine cnsl is GRANTED - has 60 days to notify ct if he wishes to file amended motion to dismiss or stand on the one currently before the ct.; 2. Briefing ddls on current MTD 11 & motion to strike 12 STAYED pending Dustin Bogarts notification to the ct.; 3. To extent Dustin Bogard is making request for cnsl on behalf of either Marcy Bogart or Southern Country Ranch the motion is DENIED. (See order for complete details.) Signed by Honorable Christopher C. Conner on 08/30/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA

:
:
Plaintiff,
:
:
v.
:
:
DUSTIN BOGART, MARCY BOGART, :
SOUTHERN COUNTRY RANCH,
:
:
Defendants
:
:

CIVIL ACTION NO. 4:12-CV-0347
(Judge Conner)

ORDER
AND NOW, this 30th day of August, 2012, upon consideration of the motion
for an extension of time to obtain counsel (Doc. 15), the court observes that,
generally, the court may grant extensions of time with or without a motion if a
request is made “before the original time or its extension expires, see Federal Rule
of Civil Procedure 6(b)(A) and no party in this case has requested an extension until
now. Furthermore, the Bogarts have filed both a motion to dismiss (Doc. 11), a
brief in support (Doc. 12), and a motion to strike the summons executed on
defendant Southern Country Ranch (Doc. 13). The time for the government to
reply to these pleadings has not yet expired.
In addition, the instant motion was signed only by defendant Dustin Bogart
and requests an additional sixty (60) to ninety (90) days within which “to seek and
obtain the effective assistance of counsel as envisioned by the Sixth Amendment to
the U.S. Constitution and pursuant to article 1, section 15 of the California State
Constitution.” (Doc. 15, at 2.) To the extent that Dustin Bogart is seeking court

appointed counsel, the motion will be denied, as there is no constitutionally
guaranteed right to counsel in a civil case. See Ford v. City of Phila., 335 F. App’x
229, 230 (3d Cir. 2009) (explaining “no right to effective counsel in a civil case . . . .”).
Furthermore, to the extent Dustin Bogart is moving the court on behalf of either
Marcy Bogart or Southern Country Ranch the motion will be denied. As a general
rule, pro se litigants are not allowed to pursue claims on behalf of others in a
representative capacity. See Marin v. Leslie, 337 F. App’x 217, 219 (3d Cir. 2009); In
re Ragdona, 331 F. App’x 962, 964 (3d Cir. 2009) (holding pro se plaintiff was not
allowed to litigate on behalf of mother in federal court). Therefore, it is hereby
ORDERED that:
1.

Dustin Bogart’s motion for an extension of time within which to find
counsel is GRANTED. Dustin Bogart shall have sixty (60) days to
notify the court if he wishes to file an amended motion to dismiss or
stand on the one currently before the court.

2.

The briefing deadlines on the currently filed motion to dismiss (Doc.
11) and motion to strike (Doc. 13) are STAYED pending Dustin
Bogart’s notification to the court.

3.

To the extent Dustin Bogart is making a request for counsel on behalf
of either Marcy Bogart or Southern Country Ranch, the motion is
DENIED.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge