UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

SHAWN WYGANT, individually, and CASE NO. 09-11684

as next friend of minor children A.W.,

J.W., G.W., and N.W.;

A.W., a minor child by Shawn Wygant, DISTRICT JUDGE THOMAS LUDINGTON

next friend; MAGISTRATE JUDGE CHARLES BINDER

J.W., a minor child by Shawn Wygant,

next friend;

G.W., a minor child by Shawn Wygant,

next friend;

N.W., a minor child by Shawn Wygant,

next friend,

Plaintiffs,

v.

MARY STRAND and

MICHIGAN DEPARTMENT OF HUMAN

SERVICES,

Defendants.

/

REPORT AND RECOMMENDATION

I. RECOMMENDATION

For the reason set forth below, IT IS RECOMMENDED that the four minor Plaintiffs, and

all claims asserted by them, be sua sponte dismissed from the case.

II. REPORT

By order of U.S. District Judge Thomas L. Ludington, this civil rights case was referred to

the undersigned magistrate judge for general pretrial case management on May 18, 2008. The pro

se complaint alleges that Defendant Michigan Department of Human Services and Defendant Mary

Strand, a foster care social worker, violated the plaintiffs’ constitutional rights to due process and

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equal protection during the process that led to the termination of Plaintiff Shawn Wygant’s parental

rights. State law claims such as gross negligence, intentional infliction of emotional distress, false

reporting of child abuse, failure to report child abuse, and falsely swearing under oath are also

alleged. (Am. Compl., Doc. 3.) 

Four of the plaintiffs are not properly before the Court because they are minors and are

attempting to litigate without representation by a licensed attorney, which is strictly prohibited in

federal court. See Shepherd v. Wellman, 313 F.3d 963, 970-71 (6th Cir. 2002) (parents cannot

appear pro se on behalf of their minor children).

On June 4, 2009, Plaintiff Shawn Wygant was ordered to show cause why all claims

brought by the minor plaintiffs should not be dismissed for violation of the rule that minors may

only appear in federal court when represented by a licensed attorney. (Doc. 6.) After one

extension of time, Plaintiff’s response to the show-cause order was due on August 31, 2009. No

response was received.

Accordingly, because the four minor children are not represented by counsel and there has

been no indication from Plaintiff Shawn Wygant that an appearance by a licensed legal

representative is imminent, I suggest that the minor plaintiffs and all claims purportedly asserted

by them be dismissed without prejudice from the case.

III. REVIEW

The parties to this action may object to and seek review of this Report and Recommendation

within ten (10) days of service of a copy hereof as provided for in 28 U.S.C. § 636(b)(1). Failure

to file specific objections constitutes a waiver of any further right of appeal. Thomas v. Arn, 474

U.S. 140, 106 S. Ct. 466, 88 L. Ed.2d 435 (1985); Howard v. Sec’y of Health & Human Servs., 932

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F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The parties are

advised that making some objections, but failing to raise others, will not preserve all the objections

a party may have to this Report and Recommendation. Willis v. Sec’y of Health & Human Servs.,

931 F.2d 390, 401 (6th Cir. 1991); Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370,

1373 (6th Cir. 1987). Pursuant to E.D. Mich. LR 72.1(d)(2), a copy of any objections is to be

served upon this Magistrate Judge.

 s/ Charles` E Binder 

CHARLES E. BINDER 

Dated: November 3, 2009 United States Magistrate Judge

CERTIFICATION

I hereby certify that this Report and Recommendation was electronically filed this date,

and served by first class mail on Shawn Wygant, 210 Canada St., Oscoda, MI, 48750-1601; and

served on District Judge Ludington in the traditional manner.

Date: November 3, 2009 By s/Jean L. Broucek 

Case Manager to Magistrate Judge Binder

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