Covert v. Micu
Covert v. Micu
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION ROSEMARY COVERT, CV 22-0053-SEH Plaintiff, ORDER Vs. AUSTIN MICU, Defendant. On June 30, 2022 Pro Se Plaintiff Rosemary Covert filed a 42 U.S.C § 1983 Complaint, a Motion for Leave to Proceed in Forma Pauperis, and a Motion to Appoint Counsel! in which she asserted that following the arrest of her husband, Joseph Covert, she was interrogated, eventually patted down and searched by Officer Austin Micu at the Deer Lodge Jail,” and that the search constituted both a sexual assault and a violation of Fourth and Fifth Amendment rights.> Injunctive relief, compensatory damages, and punitive damages against Officer Micu are sought.‘ On the same day Plaintiff's complaint was filed, Plaintiff's husband, Joseph Covert, filed a separate civil rights action.” Rosemary Covert’s Motion to Proceed
1 See Docs. 1, 2 & 3. 2 Comp. Doc. 2 at 1-2. 3 Id. at 3. 4 Id. at 3-4. > See, Covert v. Deer Lodge Jail, et al., Cause No. CV-22-52-H-SEH, Comp. (filed June 30, 2022).
in Forma Pauperis in Cause No. 6:22-cv-00053-SEH, requests that the same motion be utilized in Joseph Covert’s case, Cause No. 6:22-cv-SEH-00052, against the Deer Lodge Jail.° Joseph Covert does not represent Rosemary Covert. He may not act for or seek relief on her behalf in Cause No. 6:22-cv-00053-SEH.’ ORDERED 1. This case is DISMISSED without prejudice. 2. All pending motions are DENIED as moot. DATED this Sth of July, 2022.
United States District Court Judge
® Doc. 1 at 5. 7 See, Russell v. United States,
308 F. 2d 78, 79(9"" Cir. 1962) (“a litigant appearing in propria persona has no authority to represent anyone other than himself”).
Reference
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