Joyce Banin v. Brian Byerson

U.S. Court of Appeals for the Fourth Circuit
Joyce Banin v. Brian Byerson, 620 F. App'x 166 (4th Cir. 2015)

Joyce Banin v. Brian Byerson

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*167 PER CURIAM:

Joyce Banin, as next Mend of her minor daughter, A.K., * seeks to appeal the judgment entered on behalf of Defendant Brian Byerson in A.K.’s 42 U.S.C. § 1983 (2012) action. As Banin notes, nonattomey parents are prohibited from litigating the claims of their minor children in federal court. Myers v. Loudoun Cty. Pub. Schs., 418 F.3d 395, 401 (4th Cir. 2005). Although Banin retained counsel to represent A.K. in the district court, she has not retained counsel on appeal, despite ample opportunity to do so. Instead, she seeks appointment of counsel on A.K.’s behalf.

Litigants in a civil action are not constitutionally entitled to counsel. Williams v. Ozmint, 716 F.3d 801, 811 (4th Cir. 2013). Because we do not discern the exceptional circumstances required for appointment of counsel in a civil case, see Whisenant v. Yuam, 739 F.2d 160, 163 (4th Cir. 1984), abrogated on other grounds by Mallard v. U.S. Dist. Court, 490 U.S. 296, 298, 109 S.Ct. 1814, 104 L.Ed.2d 318 (1989), we decline to appoint counsel on A.K.’s behalf.

Accordingly, we dismiss the appeal for want of counsel. We deny as moot A.K.’s motions for reconsideration and for transcripts at government expense. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED.

*

Insofar as Banin attempts to appeal on her own behalf, she is not a proper party to the appeal, as voluntary amendment of the complaint eliminated all of Banin’s claims for relief.

Reference

Full Case Name
Joyce BANIN; A.K., a Minor Child, Plaintiffs-Appellants, v. Brian BYERSON, Defendant-Appellee, and Biggs J. Byerson; Jesse Thorton; John Doe; Second Lieutenant David White; Brendan Miller, Defendants
Status
Unpublished