Dillon-Griffin v. Doe 1

• Court: District Court, S.D. Georgia
• Decided: July 11, 2025
• Docket: 5:25-cv-00047
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA WAYCROSS DIVISION

RAMEKA DILLON-GRIFFIN, as next friend of EUGENE WILSON,

Plaintiff, CIVIL ACTION NO.: 5:25-cv-47

v.

JOHN DOE 1, et al.,

Defendants.

ORDER AND REPORT AND RECOMMENDATION I submitted my Report and Recommendation on June 12, 2025, recommending that the Complaint be dismissed for lack of standing. Doc. 6. On July 3, 2025, Plaintiff filed the Amended Complaint. Because an Amended Complaint supersedes the original Complaint, I VACATE my previous Report and Recommendation and consider Plaintiff’s Amended Complaint. Rameka Dillon-Griffin, Plaintiff’s mother, filed the original Complaint as next friend of Plaintiff. Doc. 1. I recommended that the Court dismiss the Complaint without prejudice because a pro se plaintiff may not proceed in a representative capacity. Doc. 6. Plaintiff’s Amended Complaint is unsigned. Doc. 7. However, Plaintiff also submitted a Motion for Leave to File Without Signature. Plaintiff argues that he is unable to timely sign pleadings due to his status on lockdown in Georgia Department of Corrections Custody. Doc. 9. Plaintiff asks that the Court accept the Amended Complaint without physical signature. Plaintiff’s Motion was signed by Rameka Dillon-Griffin. Id. Plaintiff's arguments still describe a representative suit, which Plaintiff may not file pro se. See Weber v. Garcia, 570 F.2d 511, 514 (Sth Cir. 1978) (“[I]ndividuals not licensed to practice law by the state may not use the ‘next friend’ device as an artifice for the unauthorized practice of law.”). To allow Plaintiff's mother to continue to file on his behalf without Plaintiffs signature would disregard this principle. In addition, the Federal Rules of Civil Procedure are clear that any pleading, written motion, or other paper be signed “by a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a). Because all filings in this case have been made by Rameka Dillon-Griffin, who is not Plaintiff's attorney, there is no valid Complaint for the Court to consider. If Plaintiff wishes to proceed with this action pro se, he must personally sign the Complaint. Therefore, 1 VACATE my previous Report and Recommendation. 1 RECOMMEND the Court DISMISS without prejudice the Amended Complaint and DIRECT the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal. I further RECOMMEND the Court DENY Plaintiff leave to appeal in forma pauperis. I RECOMMEND the Court DENY Plaintiff's Motion for Leave to File Without Signature. I RECOMMEND the Court DENY as moot Plaintiff's Motion for Preliminary Injunction. I DENY as moot Plaintiff's Motion for Leave to Proceed in Forma Pauperis in this Court. SO ORDERED and REPORTED AND RECOMMENDED, this 11th day of July, 2025.

QOL BENIAMIN W. CHEESBRO UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA