ANNIE HARRIS v. TRANSAMERICA (2024)

ORDER

This matter comes before the court on Defendant's motion for a status conference. [DE-14]. Defendant asserts that Plaintiff, who is proceeding pro se, did not participate in the parties' Rule 26(f) conference as scheduled on October 2, 2024, but that another individual Defendant believed to be Vidal Harris, Plaintiff's son, attempted to participate on Plaintiff's behalf. Id. at 2. For good cause shown, the motion is allowed, and the court will hold a telephonic status conference on Tuesday, December 17, 2024 at 1:30 p.m. The Clerk's Office will provide dial-in instructions to the parties.

Plaintiff is cautioned that she must litigate her own claims or find an attorney to represent her in this matter. See Myers v. Louden Cnty. Pub. Schs., 418 F.3d 395, 400 (4th Cir. 2005) (“The right to litigate for oneself, however, does not create a coordinate right to litigate for others.”) (citing Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975) (per curiam)). This also prohibits a family member with a power of attorney or one acting as a next friend or guardian ad litem, but who is not a licensed attorney, from litigating on behalf of an unrepresented party in order to protect them from “well-meaning, but legally untrained” relatives. Williams ex rel. E. W. v. Wake Cnty. Pub. Sch. Sys., No. 5:08-CV-92-D, 2008 WL 2491129, at *1 (E.D.N.C. June 20, 2008) (dismissing complaint because the plaintiff was not permitted to litigate pro se on behalf of a minor child) (quoting Myers, 418 F.3d at 401); see Reynolds v. United States Gov't, No. 7:22-CV-00178-FL, 2023 WL 5826901, at *7 (E.D.N.C. July 21, 2023) (“Federal courts in the state—including this court—have explained that being an ‘attorney in fact’ or retaining ‘power of attorney’ over a party does not authorize an individual to litigate on that party's behalf.”) (citing Pitts v. United States HUD, No. 5:12-CV-72-D, 2013 WL 214693, at *1 n.1 (E.D.N.C. Jan. 18, 2013) (“Non-attorneys cannot litigate matters in the name of others based on claimed authority from some form of power-of-attorney.”)), report and recommendation adopted, 2023 WL 5350566 (E.D.N.C. Aug. 21, 2023). Plaintiff is further cautioned that failure to participate in the status conference may be grounds for dismissal of her claims for failure to prosecute or to comply with a court order pursuant to Fed. R. Civ. P. 41(b).

SO ORDERED, this 13 day of December, 2024.

Robert B. Jones, Jr. United States Magistrate Judge