The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
PATRINA DRANE, : Case No. 3:24-cv-202
:
Petitioner, :
: District Judge Michael J. Newman
vs. :
Magistrate Judge Caroline H. Gentry
:
SHERIFF ROB STRECK, :
:
Respondent. :
DEFICIENCY ORDER
This matter is before the Court on a petition for a writ of habeas corpus prepared by
Janitra Brown and Olakwesu Y. Elbey for petitioner Patrina Drane, who is currently incarcerated
at the Montgomery County Jail. (Doc. 1, at PageID 1). The filing fee has been paid. However,
two preliminary matters must be addressed.
First, pursuant to Fed. R. Civ. P. 11, every pleading, written motion, and other paper shall
be signed by the party if not represented by counsel. Here, Brown, who identifies herself as
petitioner’s daughter and has submitted a durable power of attorney (POA), signed the petition
on petitioner’s behalf. But it does not appear that either Brown or Olakwesu is an attorney
licensed to practice law in this Court. Nor does it appear that petitioner is unable to prosecute this
case on her own behalf. See Tate v. United States, 72 F. App’x 265, 266 (6th Cir. 2003) (“[T]o
act on a prisoner’s behalf, a putative next friend must demonstrate that the prisoner is unable to
prosecute the case on [her] own behalf due to ‘inaccessibility, mental incompetence, or other
disability’ and that the next friend is ‘truly dedicated to the best interests of the person on whose
behalf he seeks to litigate.’”) (quoting Whitmore v. Arkansas, 495 U.S. 149, 163-4 (1990)).
Therefore, notwithstanding the POA, neither Brown nor Olakwesu can appear on petitioner’s
behalf in this habeas matter.
Next, although the petition indicates that petitioner is facing drug charges (Doc. 1, at
PageID 1), the petition does not provide any additional information regarding the status of the
charges or the court in which any proceedings have occurred. Without this information, the Court
is unable to determine whether this matter is properly before this Court.
Accordingly, the Clerk of Court is DIRECTED to return the petition (Doc. 1) to
petitioner, Booking Number 24-006269, at the Montgomery County Jail.1 Should petitioner wish
to proceed with this case, petitioner is ORDERED to sign the petition and return it to the Clerk
of Court within thirty (30) days of the date of this Order. Petitioner is further ORDERED to file
in this Court a written response providing, to the best of her knowledge, the status of her charges
and the court in which any proceedings have occurred.
Petitioner is advised that failure to respond to this Order within the requisite 30-day
period may result in the case being dismissed for lack of prosecution. Should petitioner
need additional time to respond, petitioner should file a motion for extension of time.
IT IS SO ORDERED.
July 29, 2024 /s/ Caroline H. Gentry
CAROLINE H. GENTRY
United States Magistrate Judge
1The Montgomery County Jail website indicates that petitioner is currently incarcerated under Booking Number 24-
006269. Viewed at:
https://mont.miamivalleyjails.org/JAILBOOKING.ASPX?CJIS_OR_PARTY_ID=C1332468&JAILBOOKING_ID
=51024501.