I.D. v. Wetumpka Pre-School & Child Development Center, LLC. et al
I.D. |
Wetumpka Pre-School & Child Development Center, LLC., Emmett Johnson and Deborah Davis |
2:2016cv00183 |
March 18, 2016 |
US District Court for the Middle District of Alabama |
Montgomery Office |
Elmore |
W. Harold Albritton |
Wallace Capel |
Americans with Disabilities - Other |
42 U.S.C. ยง 12181 |
Plaintiff |
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Filing 77 ORDER: This cause is before the court on Elizabeth Dunn's request to proceed pro se and to allow her to submit completed American Family Trust documents. Ms. Dunn cannot proceed pro se because I.D. is the Plaintiff, not Ms. Dunn, and while Ms . Dunn can bring suit on behalf of her minor child, a non-lawyer parent has no right to represent a child in an action in the childs name. Whitehurst v. Wal-Mart, 306 F. Appx 446, 449 (11th Cir. 2008). Although the law does not allow Ms. Dunn to proc eed herself, pro se, in this case, the court accepts the document filed as an exhibit to her motion as an attempt to comply with the courts Order. Lacking at this time, however, is the participation of the Guardian Ad Litem in this process, as well as directions from the Trustee as to how the payment of funds should be directed. It is hereby ORDERED as follows: 1. The 76 Motion to Proceed Pro se is DENIED, but the court will consider the submission made by Ms. Dunn. 2. The Clerk is DIRECTE D to SEAL Ms. Dunn's American Family Trust document which she submitted as an exhibit to her motion. 3. The Guardian Ad Litem is to confer with counsel for the parties, with Ms. Dunn, and with American Family Trust and file a report with the cou rt as to completion of compliance with all of the requirements of the court's Order Approving Settlement so that this case be closed and I.D. may begin receiving the benefits of the settlement. Signed by Honorable Judge W. Harold Albritton, III on 9/28/2017. (dmn, ) |
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