Opinion
Case No. 19-C-1558
04-28-2020
JONATHON MICHAEL KRAMER, Plaintiff, v. ANDREW M. SAUL, Commissioner of Social Security, Defendant.
ORDER
Plaintiff Jonathon Michael Kramer filed a pro se complaint seeking review of the decision of the Commissioner of Social Security. Plaintiff's mother filed an opening brief in this case on February 14, 2020. On March 19, 2020, Defendant filed a motion to strike the brief filed by Plaintiff's mother, arguing that non-attorneys are not permitted to represent their children in federal litigation. For the following reasons, Defendant's motion to strike will be granted.
Rule 11(a) of the Federal Rules of Civil Procedure requires that every "pleading, written motion, or other paper" be signed either by an attorney acting on a litigant's behalf, or by the litigant himself. Fed. R. Civ. P. 11(a); see also 28 U.S.C. § 1654 ("In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein."). The Seventh Circuit has made clear that "an individual may appear in the federal courts only pro se or through counsel." Lewis v. Lenc-Smith Mfg., 784 F.2d 829, 830 (7th Cir. 1986) (citing 28 U.S.C. § 1654); see also Georgakis v. Ill. State Univ., 722 F.3d 1075, 1077 (7th Cir. 2013) ("A nonlawyer can't handle a case on behalf of anyone except himself."). The fact that Plaintiff gave his mother permission to file documents on his behalf in this case does not alter this rule. See Johnson v. Bank One N.A., 90 F. App'x 956, 957 (7th Cir. 2004) (noting that "a power of attorney does not authorize its recipient to practice law" or allow a non-lawyer to represent his mother in federal court).
For these reasons, Defendant's motion to strike (Dkt. No. 14) is GRANTED and Plaintiff's brief (Dkt. No. 13) is stricken from the record. Plaintiff may file a brief under his signature on or before May 31, 2020. Failure to make a timely submission may result in dismissal of this action for failure to prosecute.
SO ORDERED at Green Bay, Wisconsin this 28th day of April, 2020.
s/ William C. Griesbach
William C. Griesbach, District Judge
United States District Court