Ashley D. W. v. O'Malley
- John Docherty
- 0:24-cv-01596
- U.S. District Court · District of Minnesota
- 3
In Ashley D. W. v. O'Malley, Judge Docherty granted the motion to strike an improperly signed brief and extended the deadline for a corrected filing.
Ashley D. W.’s Social Security case filings were affected: the court struck her unsigned brief, gave her until January 22, 2025, to file a signed brief, and arranged a possible referral for volunteer-lawyer assistance.
What happened
In Ashley D. W. v. O'Malley, Ashley D. W. is representing herself while seeking review of a Social Security decision denying her disability benefits. Her mother, rather than Ashley D. W., signed the brief filed in support of her request.
The court explained that a person representing herself must personally conduct the case or use a lawyer. The court found no indication that Ashley D. W.'s mother was a lawyer, and it said a medical power of attorney did not authorize her mother to litigate for her. Court rules also require an unrepresented party to sign her own filings.
Judge Docherty granted the motion to strike, struck the brief, and extended the deadline to January 22, 2025, for Ashley D. W. to file a brief bearing her signature. The court also said it would refer her to a volunteer-lawyer project for possible assistance.
The detailed version
- Ashley D. W. v. O'Malley · No. 0:24-cv-01596
- John F. Docherty
- Nov. 22, 2024
Background
Ashley D. W. is representing herself in a case seeking judicial review of a final decision denying her Social Security disability benefits. The brief supporting her request for relief was signed only by her mother. The defendant moved to strike that brief under 28 U.S.C. § 1654 and Federal Rule of Civil Procedure 11(a).
The opinion notes that Ashley D. W. has multiple sclerosis and several other physical and mental impairments. It also states that filings showed she was capable of submitting documents and signing her name, including a letter she signed on May 7, 2024.
Court’s Analysis
Section 1654 allows parties in federal court to conduct their own cases personally or through counsel. The court found no indication that Ashley D. W.’s mother was an attorney and explained that a nonlawyer may not conduct another person’s case. The court also discussed an exception for minor children denied Social Security benefits, but stated that Ashley D. W. is not a minor.
The court further determined that the medical power of attorney on file did not authorize Ashley D. W.’s mother to litigate on her behalf. It added that even a general power of attorney would not permit a nonlawyer to represent another party in court.
Rule 11(a) requires every pleading, written motion, and other paper to be signed by an attorney of record or, when a party is unrepresented, by the party personally. Because Ashley D. W. did not personally sign the brief, the court stated that it was required to strike it.
Ruling
Judge John F. Docherty ordered that:
- The defendant’s motion to strike Ashley D. W.’s brief was GRANTED.
- Ashley D. W.’s brief at Docket No. 23 was STRICKEN.
- Ashley D. W. was granted an extension of time until January 22, 2025, to file a brief with her signature.
- By separate letter, the court would refer Ashley D. W. to the Pro Se Project of the Minnesota Chapter of the Federal Bar Association for possible assistance from a volunteer lawyer.
The opinion also states that the defendant’s brief would be due 30 days after Ashley D. W.’s brief was filed, under Rule 7 of the Supplemental Rules for Social Security Actions under 42 U.S.C. § 405(g).
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.