United States District Court, D. Nevada
ORDER (MOT. FOR PRO SE LITIGANT TO FILE
ELECTRONICALLY - ECF NO. 17)
A. LEEN UNITED STATES MAGISTRATE JUDGE
matter is before the court on Plaintiff Lyudmyla
Pyankovska's Motion for Permission for Electronic Case
Filing (ECF No. 17). This Motion is referred to the
undersigned pursuant to 28 U.S.C. § 636(b)(1)(A) and LR
IB 1-3 of the Local Rules of Practice.
Lyudmyla Pyankovska is proceeding in this civil rights action
pro se, which means that she is not represented by
an attorney. See LSR 2-1. On December 20, 2016,
Pyankovska initiated this action by filing a Complaint (ECF
No. 1) and paying the court's $400 filing fee. The
complaint indicates that four individuals are plaintiffs:
Pyankovska, her minor son, A.A., her minor daughter, I.N.,
and her husband, Rickey Marquez. Ms. Pyankovska is the only
individual who signed the complaint. She has not retained
counsel to represent her children or sought leave of the
court to pursue this action on behalf of her minor children.
The current motion asks the court to allow Pyankovska to use
the court's CM/ECF system in order to file, access, and
electronically serve documents in this case. Having reviewed
and considered the matter, and good cause appearing, the
court will grant her request. However, she may only file
documents on her own behalf.
licensed attorney-an active member of the State Bar of Nevada
admitted to practice under the Nevada Supreme Court Rules- is
authorized to represent a client in Nevada. Guerin v.
Guerin, 993 P.2d 1256, 1258 (Nev. 2000) (citing NRS
7.285); Martinez v. Eighth Jud. Dist. Ct., 729 P.2d
487, 488 (Nev. 1986) (an individual “has no right to be
represented by an agent other than counsel in a court of
law”). In federal courts “the parties may plead
and conduct their own cases personally or by
counsel.” 28 U.S.C. § 1654 (emphasis added).
Although an individual is entitled to represent himself or
herself, no rule or statute permits a non-attorney to
represent any other person, a company, a trust, or any other
entity. Jackson v. United Artists Theatre Circuit,
Inc., 278 F.R.D. 586, 596 (D. Nev. 2011); Salman v.
Newell, 885 P.2d 607, 608 (Nev. 1994). Thus, pro se
parties may not pursue claims on behalf of others in a
representative capacity. See, e.g.,
Simon v. Hartford Life, Inc., 546 F.3d 661,
664-65 (9th Cir. 2008) (collecting cases and noting that
courts routinely prohibit pro se plaintiffs “from
pursuing claims on behalf of others in a representative
capacity”); Russell v. United States, 308 F.2d
78, 79 (9th Cir. 1962) (“A litigant appearing in
propria persona has no authority to represent anyone other
a parent or guardian may not bring suit in federal court on
behalf of their child without first retaining an attorney.
Johns v. County of San Diego, 114 F.3d 874, 876 (9th
Cir. 1997); see also Buran v. Riggs, 5 F.Supp.3d
1212, 1215 (D. Nev. 2014) (noting that father could not bring
an action on his minor son's behalf without retaining a
lawyer; even if he could not afford to hire a licensed
attorney). Rule 17 of the Federal Rules of Civil Procedure
requires a court to “appoint a guardian ad litem--or
issue another appropriate order--to protect a minor or
incompetent person who is unrepresented in an action.”
Fed.R.Civ.P. 17(c)(2). Under Rule 17(c), a district court has
“a legal obligation to consider” whether a minor
or incompetent litigant is “adequately
protected.” Davis v. Walker, 745 F.3d 1303,
1312 (9th Cir. 2014).
relevant statutes and case law demonstrates, Ms. Pyankovska
is not authorized to file documents or make representations
to the court on behalf of A.A., I.N., or Rickey Marquez.
IT IS ORDERED:
Plaintiff Lyudmyla Pyankovska's Motion for Permission for
Electronic Case Filing (ECF No. 17) is GRANTED IN PART AND
DENIED IN PART:
a. She is authorized to file documents on behalf of herself.
b. She is not authorized to file documents on behalf
of AA, IN., or Rickey Marquez, either electronically or by
physically submitting filings to the Clerk of the Court.
Plaintiff must comply with the following procedures in order
to activate her CM/ECF account:
a. On or before April 28, 2017, Plaintiff must complete the
CM/ECF tutorial, which is accessible on the court's
website www.nvd.uscourts.gov in the Civil &
Criminal Events Menu, and file certification indicating that
she is familiar with the electronic filing procedures and
b. Plaintiff is not authorized to file electronically unless
the certification is filed with the court within the
specified time frame.
c. Upon timely filing of the certification, Plaintiff shall
contact Robert Johnson at the CM/ECF Help Desk at (702)