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Carrillo-Ramirez v. Culpepper Enterprises, Inc., 3:15-CV-00409-CWR-FKB. (2018)

Court: District Court, S.D. Mississippi Number: infdco20180301n26
Filed: Feb. 28, 2018
Latest Update: Feb. 28, 2018
Summary: ORDER STRIKING MOTION FOR SANCTIONS AND MOTION TO DISMISS F. KEITH BALL , Magistrate Judge . Before the Court, sua sponte, is Kathy Culpepper's Motion for Sanctions and Motion to Dismiss [148]. Also before the Court is Plaintiffs' Motion to Hold in Abeyance the Deadline to Respond [149]. Ms. Culpepper previously employed counsel to represent her in this matter. However, the Court permitted her attorney to withdraw on August 10, 2016. [118]. Since that time, Ms. Culpepper has proceeded
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ORDER STRIKING MOTION FOR SANCTIONS AND MOTION TO DISMISS

Before the Court, sua sponte, is Kathy Culpepper's Motion for Sanctions and Motion to Dismiss [148]. Also before the Court is Plaintiffs' Motion to Hold in Abeyance the Deadline to Respond [149].

Ms. Culpepper previously employed counsel to represent her in this matter. However, the Court permitted her attorney to withdraw on August 10, 2016. [118]. Since that time, Ms. Culpepper has proceeded pro se. On March 28, 2017, her son, Daniel Brannon White, filed motion [148], claiming that he was filing the motion on behalf of his mother, Kathy Culpepper, via a "power of attorney." [148] at 15-16. The motion seeks sanctions against Plaintiffs' counsel and dismissal of the case.

Mr. White is not an attorney. It is well-established that a "non-lawyer cannot represent another person in federal court." Pinkston v. Smith, 2015 WL 7289501, *1 (S.D. Miss. Nov. 17, 2015) (citing Gonzales v. Wyatt, 157 F.3d 1016, 1021 (5th Cir. 1998)). "In federal court a party can represent herself or be represented by an attorney, but she cannot be represented by a non-lawyer." Aduddle v. Livingston, No. Civil Action No. H-06-3088, 2006 WL 2934998, at *2 (S.D. Tex. Oct. 12, 2006) (citing Gonzales, 157 F.3d at 1021 (5th Cir.1998)). A non-lawyer cannot represent another individual in federal court by using a "power of attorney." See id. (where plaintiff's husband sought to represent his wife based on a "special power of attorney").

Accordingly, the motion [148] filed by Daniel Brannon White, a non-party and non-lawyer, is hereby terminated. As the motion [148] is now terminated, no response is required and Plaintiff's motion [149] is rendered moot.

SO ORDERED.

Source:  Leagle

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