Dobruck v. Faux et al

Middle District of Florida, flmd-8:2016-cv-02798

ORDER sealing complaint and dismissing case. Signed by Judge Steven D. Merryday on 10/14/2016. (JNB)

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PageID 17 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION WALTER DOBRUCK, on behalf of C.D., Plaintiff, v. CASE NO. 8:16-cv-2798-T-23TGW POLK COUNTY PROPERTY APPRAISER, et al., Defendants. ____________________________________/ ORDER Walter DoBruck, appearing pro se, purports to sue on behalf of C.D., a minor child. The complaint, which contains the minor's name, violates Rule 5.2(a)(3), Federal Rules of Civil Procedure, which states that a "paper filing with the court that contains. . . the name of an individual known to be a minor. . . may include only the minor's initials." Under Rule 5.2(d), the complaint is SEALED. Under 28 U.S.C. § 1654, a party may "plead or conduct" an action either "personally or by counsel." However, the "right to appear pro se. . . is limited to parties conducting their own cases, and does not extend to non-attorney parties representing the interests of others." FuQua v. Massey, 615 Fed. Appx. 611, 612 (11th Cir. 2015) (per curiam). As a result, a person who is not a lawyer "may not bring a pro se action on [a] child's behalf." FuQua, 615 Fed. Appx. at 612. Walter PageID 18 DoBruck, appearing pro se, may not sue on behalf of C.D. Accordingly, this action is DISMISSED. The clerk is directed to close the case. ORDERED in Tampa, Florida, on October 14, 2016. -2-