In Cohen v. Attorney General, Case No. 11-11500-NMG,
2011 U.S. Dist. LEXIS 120336 (D. Mass. Oct. 18, 2011), the federal
district court dismissed an action brought by Jillian Cohen,
purporting to act in her capacity as "Full Statutory
Administratrix" of the estate of the decedent, effectively
seeking federal court review of two state court dismissals of her
previous suit for alleged negligence, products liability and
wrongful death.
In dismissing the case on a motion brought by the attorney general
on other grounds, the court offered the following commentary on the
plaintiff's inability to pursue the action pro se on
behalf of the estate:
"Notwithstanding that Cohen may have authority to act based on
her appointment as Administratrix, that is not sufficient to permit
her to represent the interest of the Estate, where she is not a
duly-licensed attorney admitted to practice in this Court. Although
28 U.S.C. § 1654 permits persons to proceed pro se, this
provision does not allow unlicenced [sic] lay people to represent
other pro se litigants. See Feliciano v. DuBois, 846 F.
Supp. 1033, 1039 (D. Mass. 1994); Eagle Assocs. v. Bank of
Montreal, 926 F.2d 1305, 1308 (2d Cir. 1991). Additionally,
this Court's Local Rules do not provide such authorization. See
District of Massachusetts Local Rule 83.5.3(c), providing that
"[a] person who is not a member of the bar of this court, and
to whom sections (a) and (b) are not applicable, will be allowed to
appear and practice before the court only in his own behalf."
Id. See also Pridgen v. Andresen, 113 F.3d 391,
393 (2d Cir. 1997) (holding that "an administratrix or
executrix of an estate may not proceed pro se when the estate has
beneficiaries or creditors other than the litigant."). Here,
it appears that there are several beneficiaries and/or creditors,
and thus claims inuring to the Estate...may only be prosecuted in
this Court by duly-licensed counsel."
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