(PC) Andrews v. Allison ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 YANCY ROBERT ANDREWS, No. 2:21-cv-0331 CKD P 12 Plaintiff, 13 v. ORDER 14 KATHLEEN ALLISON, et al., 15 Defendants. 16 17 Plaintiff is a California prisoner. Before the court is a complaint and motion to proceed 18 in forma pauperis signed and submitted by plaintiff’s brother who claims to have power of 19 attorney for plaintiff. However, under Rule 11(a) of the Federal Rules of Civil Procedure 20 “[e]very pleading, written motion, and other paper must be signed by at least one attorney of 21 record in the attorney's name—or by a party personally if the party is unrepresented.” In this 22 context, “attorney” means a licensed attorney at law. See In re Foster, No. EC–11–1706–KiDJu, 23 2012 WL 6554718, *5 (9th Cir. B.A.P. Dec. 14, 2012) (attorney-in-fact, as opposed to an 24 attorney-at-law, is not authorized to sign a complaint or otherwise appear on behalf of a 25 principal). 26 Furthermore, under Local Rule 183(a) “[a]ny individual who is representing himself or 27 herself without an attorney must appear personally or by courtesy appearance by an attorney 28 admitted to the Bar of this Court and may not delegate that duty to any other individual, including 1 | husband or wife, or any other party on the same side appearing without an attorney.” 2 Good cause appearing, IT IS HEREBY ORDERED that: 3 1. Plaintiffs motion for leave to proceed in forma pauperis (ECF No. 2) is denied without 4 | prejudice to refiling a motion which complies with the signing provision of Rule 11 of the Federal 5 | Rules of Civil Procedure and the provision in Local Rule 183(a) concerning representation within 6 | 30 days. 7 2. Plaintiffs complaint is dismissed with leave to amend within 30 days. Any amended 8 | complaint must also comply with Rule 11 of Federal Rules of Civil Procedure concerning the 9 | signing of pleadings and the provision in Local Rule 183(a) concerning representation. 10 3. Failure to comply with this order will result in a recommendation that this action be 11 | dismissed. 12 4. The request by James Andrews that he be added to the service list for this action (ECF 13 || No. 3) is denied. However, the Clerk of the Court is directed to serve a copy of this order upon 14 | James Andrews, P.O. Box 1075, Banning, CA, 92220. 15 || Dated: April 20, 2021 eo dp. A Gx CAROLYN DELANEY 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 | 1 andr033 1 .dis 22 23 24 25 26 27 28