Naseer Ali-Bey, as Next Friend/Attorney-in-Fact for Jermaine A. Grasty v. Philip Parker, Warden, and Attorney General of the State of Delaware

• Court: District Court, D. Delaware
• Decided: February 3, 2026
• Docket: 1:25-cv-01499
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NASEER ALI-BEY, ) as Next Friend/Attorney-in-Fact for ) JERMAINE A. GRASTY, ) Petitioner, v. C.A. No. 25-1499 (GBW) PHILIP PARKER, Warden, and ATTORNEY GENERAL OF THE ) STATE OF DELAWARE, ) Respondents. MEMORANDUM ORDER Naseer Ali-Bey, claiming to be Next Friend or Attorney-in-Fact for Jermaine A. Grasty,! filed a “Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241”

_ 1), “Notice of Removal of State Criminal Proceeding” (DI. 1-3), motion for an “Emergency TRO” (D.I. 3), and “Emergency Motion to Stay State Proceedings and Enjoin Imminent Trial” (D.I. 5). In limited circumstances, courts may permit a “next friend” to pursue an action on behalf of another person. See Whitmore v. Arkansas, 495 U.S. 149, 163-64 (1990). Prerequisites for obtaining “next friend” standing include: (1) that “a ‘next friend’ must provide an adequate explanation—such as inaccessibility, mental incompetence, or other disability—why the real party in

I Grasty is an inmate at Howard R. Young Correctional Institution.

interest cannot appear on his own behalf to prosecute the action;” and (2) “the ‘next friend’ must be truly dedicated to the best interests of the person on whose behalf he seeks to litigate, and it has been further suggested that a ‘next friend’ must have some significant relationship with the real party in interest.” Jd. at 163-64 (citation omitted). Ali-Bey has not provided any information to demonstrate the first prerequisite and nothing other than the Power of Attorney (“POA”) attached to the Petition as Exhibit A (D.I. 1-2 at 2) to establish the second. Therefore, Ali-Bey has failed to satisfy the requirements for “next friend” standing. Even if Ali-Bey had satisfied the requirements for “next friend” standing “[a] non-attorney cannot represent another party, even if acting as a next friend.” Schlemmer v. Cent. Intel. Agency, 804 F. App’x 127, 128 n.2 (3d Cir. 2020) (per curiam); see also Bush v. Goodall, 732 F. App’x 135, 137 (3d Cir. 2018) (per curiam) (holding “next friend” may not proceed in federal court without attorney). To the extent Ali-Bey relies on the POA as authority to bring this action on behalf of Grasty, a non-lawyer may not bring a lawsuit or prosecute a lawsuit on behalf of another even with a power of attorney. See Williams v. United States, 477 F. App’x 9, 11 (3d Cir. 2012) (per curiam) (holding power of attorney does not permit pro se representation in federal court); see also 28 U.S.C. § 1654 (permitting parties in federal court to “plead and conduct their own cases personally or by counsel”); Murray ex rel. Purnell v. City of Philadelphia, 901 F.3d 169, 170 (3d Cir. 2018)

(stating precedent that “non-attorney may not represent other parties in federal court”). Ali-Bey does not claim to be an attorney. WHEREFORE, at Wilmington on this 3rd day of February 2026, IT IS HEREBY ORDERED that: 1. The “Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241” (D.I. 1), “Notice of Removal of State Criminal Proceeding” (D.I. 1-3), motion for an “Emergency TRO” (D.I. 3), and “Emergency Motion to Stay State Proceedings and Enjoin Imminent Trial” (D.I. 5) are DISMISSED WITHOUT PREJUDICE to Grasty’s right to raise these claims on his own behalf, either pro se or through counsel. 2. In addition to mailing a copy of this Order to Ali-Bey, the Clerk is directed to mail a copy of this Order, the Petition and its Exhibits (D.I. 1; D.I. 1-2; D.I. 1-3), the motion for an “Emergency TRO” (DI. 3), and the “Emergency Motion to Stay State Proceedings and Enjoin Imminent Trial” (D.I. 5) to Jermaine A. Grasty — SBI #00818636, Howard R. Young Correctional Institution, PO Box 9561, Wilmington, DE 19809. The Court notes that instructions and forms for filing a petition for a writ of habeas corpus (including both AO 242 Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 and AO 241 Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody) and an Application to Proceed in District Court without Prepaying Fees or Costs (also known as a

motion for leave to proceed in forma pauperis) can be found on the Court’s website at https://www.ded.uscourts.gov/forms. 3. The Clerk is directed to CLOSE the case.

GREGORY B. WILLIAMS UNITED STATES DISTRICT JUDGE