Opinion

Miller v. Charlotte Mecklenburg Schools

Court
District Court, W.D. North Carolina
Filed
Feb 14, 2025
Cited by
0 cases
Authority
More cited than 34.0%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

DOCKET NO. 3:24-cv-00511-FDW-DCK

JOHNNY E. MILLER, )

)

Plaintiff, )

)

v. ) ORDER

)

CHARLOTTE MECKLENBURG )

BOARD OF EDUCATION, CRYSTAL )

HILL, and JACQUELINE BARONE, )

)

Defendants. )

THIS MATTER is before the Court on Plaintiff’s Motion to Strike. (Doc. No. 28.) On

January 7, 2025, Sharika Robinson filed a Notice of Appearance on behalf of Plaintiff. (Doc. No.

23.) On January 31, 2025, Defendants filed their Motion to Dismiss and memorandum in support.

(Doc. Nos. 24–25.) On February 7, 2025, Plaintiff filed a pro se response to Defendants’ Motion

to Dismiss. (Doc. No. 26.) On February 13, 2025, Ms. Robinson filed a response to Defendants’

Motion to Dismiss, (Doc. No. 27), and a Motion to Strike Plaintiff’s pro se response, (Doc. No.

28.)

“A plaintiff has ‘no right to proceed pro se’ in an action wherein he is ‘represented by

retained counsel.’” Blankenship v. Fox News Network, LLC, No. 2:19-cv-00236, 2021 WL

5283307, at *1 (S.D. W.Va. Nov. 12, 2021) (citing Frank M. McDermott, Ltd. v. Moretz, 898 F.2d

418, 422 (4th Cir. 1990)). Further, a represented party “has no right to conduct part of his own

case by filing pleadings, conducting depositions, arguing motions, or examining witnesses during

trial.” Haefner v. County of Lancaster, Pa., 165 F.R.D. 58, 59 (E.D. Va. 1996).

Plaintiff confirms he is still represented by Ms. Robinson. (Doc. No. 23; Doc. No. 28, p.

1.) Plaintiff explained he erroneously filed the first response to Defendants’ Motion to Dismiss.

(Doc. No. 28, p. 1.) Plaintiff and Ms. Robinson are both reminded to keep the Court updated about

the representation in this case and to notify the Court of any changes in representation.

IT IS THEREFORE ORDERED:

1. Plaintiff's Motion to Strike, (Doc. No. 28), is GRANTED.

2. Plaintiffs pro se response, (Doc. No. 26), is STRICKEN from the docket.

3. Plaintiff's filing through counsel, (Doc. No. 27), is his response to Defendants’ Motion to

Dismiss.

4. Defendants may file a reply to Plaintiff's response by February 21, 2025.

IT IS SO ORDERED.

Signed: February 14, 2025

Frank D. Whitney sy

Senior United States District Judge ey

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.