Peter J. Allsot, as next friend of his minor child B.P.L.A. v. Naseem Latif

Summary

The United States District Court for the Middle District of Florida overruled the plaintiff’s objections and adopted the magistrate judge’s recommendation. The court dismissed without prejudice a verified emergency petition for habeas corpus filed by a non-attorney parent on behalf of a minor child, holding that the parent could not represent the child pro se and that appointment of counsel was not required.

Holdings

1. A parent who is not an attorney may not bring a pro se action on behalf of the parent's minor child.
2. Dismissal without prejudice is proper when a non-attorney parent attempts to represent a minor child pro se and fails to retain counsel after being given an opportunity to do so.
3. The court was not required to appoint counsel for the minor child; appointment of counsel in a civil case is discretionary and warranted only in exceptional circumstances.
4. A request for affirmative relief must be made by motion and is not properly presented solely through objections to a report and recommendation.

Questions Presented

1. Whether a non-attorney parent may prosecute a civil action pro se on behalf of a minor child.
2. Whether dismissal is proper when the non-attorney parent fails to retain counsel after being afforded an opportunity to do so.
3. Whether the district court was required to appoint counsel for the minor child instead of dismissing the action.
4. Whether arguments first raised in objections to a magistrate judge's report and recommendation and a request for affirmative relief contained in objections should be considered.

Disposition

dismissed