Delegrange v. Indiana State of et al, No. 1:2012cv00068 - Document 16 (N.D. Ind. 2012)

Court Description: OPINION AND ORDER STRIKING 15 RULE 71 of FRCP MOTION to Enfore Relief For or Against a Non-Party RULE 42 of FRCP MOTION to Consolidate Cases filed by Anthony C Martin. Signed by Magistrate Judge Roger B Cosbey on 7/10/2012. (lns)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION AMANDA DELEGRANGE, Plaintiff, v. STATE OF INDIANA, et al., Defendants. ) ) ) ) ) ) ) ) ) CAUSE NO. 1:12-CV-68 OPINION AND ORDER On July 9, 2012, Anthony Martin filed a motion (Docket # 15) to, as nearly as the Court can tell, enforce relief for Amanda Delegrange, the Plaintiff in this case, by consolidating her case with the case in which he is a party involving the same incident and parties (1:12-cv69) or to allow him to join as a Plaintiff in this case. As regards Martin s request to consolidate the cases, Federal Rule of Civil Procedure 42(a) only provides for consolidation involving actions before the court. FED. R. CIV. P. 42(a). Delegrange s case (1:12-cv-68), however, was dismissed by her with prejudice on March 22, 2012. (Docket # 14.) As such, her case is no longer an action before the court and thus is ineligible for consolidation. Moreover, Martin, who is proceeding pro se in the 1:12-cv-69 case, cannot represent Delegrange in the present case as he is a non-lawyer and as such has no basis for advancing her claims. See Malone v. Nielson, 474 F.3d 934, 937 (7th Cir. 2007); Navin v. Park Ridge Sch. Dist., 270 F.3d 1147, 1149 (7th Cir. 2001); Nowicki v. Ullsvik, 69 F.3d 1320, 1325 (7th Cir. 1995); Banks v. Superintendent, No. 4:10-CV-040 JD, 2011 WL 2473606, at *1 (N.D. Ind. June 1 21, 2011) ( [A] pro se litigant can represent his own interests, but he may not represent others. ). Finally, Martin cannot join or intervene in this case as it no longer exists, at least for that purpose. FED. R. CIV. P. 24. Accordingly, the Court on its own motion strikes Martin s motion (Docket # 15). SO ORDERED. Enter for this 10th day of July, 2012. S/Roger B. Cosbey Roger B. Cosbey, United States Magistrate Judge 2

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