Ubong Christopher Ubokudom; J., a minor v. Walmart Inc.

Summary

The United States District Court for the District of South Carolina reviews a magistrate judge’s recommendation to dismiss the action for failure to bring it into proper form. The court dismisses without prejudice the claims brought by the pro se plaintiff on behalf of his minor daughter, declines to appoint a guardian ad litem, and recommits the plaintiff’s individual claims to the magistrate judge for screening after the plaintiff files the required documents.

Holdings

1. A non-attorney parent generally may not litigate the claims of a minor child in federal court. The claims asserted on behalf of J., the minor, were therefore dismissed without prejudice and without issuance or service of process.
2. The court declined to appoint a guardian ad litem or grant alternative relief because the claims asserted on behalf of the minor were being dismissed and no claims remained requiring such representation.
3. Plaintiff's later filing of an in forma pauperis motion and proposed summons mooted the basis for the recommended dismissal of his individual claims. Those claims were recommitted to the magistrate judge for screening rather than dismissed at this stage.
4. The district court retained responsibility for the final determination, reviewed the objections under the applicable standard, and adopted the Report in part.

Questions Presented

1. Whether a pro se, non-attorney parent may litigate the claims of a minor child in federal court.
2. Whether the court should appoint a guardian ad litem or refer the minor's claims to a pro bono program after dismissing the claims asserted on the minor's behalf.
3. Whether Plaintiff's individual claims should be dismissed for failure to bring the case into proper form after he filed the required documents.

Disposition

other