Heard et al v. Faulkner County, Arkansas et al

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
MICHAEL HEARD, individually 	PLAINTIFFS
and as next friend to H.H., a minor, et al.
v. 	CASE NO. 4:25-CV-01149-BSM
FAULKNER COUNTY, et al. 	DEFENDANTS
ORDER
Michael Heard filed this pro se civil rights action, sought leave to proceed in forma
pauperis, moved for a preliminary injunction, and requested the appointment of counsel.
[Doc. Nos. 1–3, 5]. The motions [Doc. Nos. 1, 3, and 5] are denied, and Heard is ordered to
amend his complaint.
It appears Heard’s claims arise from truancy proceedings in Faulkner County. Doc.
Nos. 2–3. He contends that he was denied due process when he was not properly informed
of those proceedings and seeks to enjoin the Conway School District from refusing to accept
parent notes as excuses. Doc. No. 3. at 2.
First, Heard is suing on behalf of H.H., a minor, and the complaint also names Haven
Hernandez as a plaintiff. Heard has no authority to represent either H.H. or Hernandez. See
Jones ex rel. Jones v. Correctional Medical Services, 401 F.3d 950, 952 (8th Cir. 2005) (this
would constitute the unauthorized practice of law); Crozier v. Westside Cmty. Sch. Dist., 973
F.3d 882, 887 (8th Cir. 2020) (per curiam) (a parent cannot litigate on behalf of his child).
Second, Heard is the only plaintiff to request in forma pauperis status and to sign the
complaint. If Hernandez wants to join this lawsuit, she must file her own motion to proceed
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in forma pauperis and the complaint must be amended and bear Hernandez’s signature. The
amended complaint must plainly state Heard’s and Hernandez’s individual claims. Heard’s
allegations in the amended complaint will be screened.
Third, the motion for preliminary injunction [Doc. No. 3] is denied because Heard has
failed to demonstrate that he is in danger of irreparable harm by the Conway School
District’s refusal to accept parental excuse notes.
Fourth, Heard’s motion to appoint counsel [Doc. No. 5] is denied without prejudice
because civil litigants are not entitled to appointed counsel. Plummer v. Grimes, 87 F.3d
1032, 1033 (8th Cir. 1996).
Heard and Hernandez have thirty days to amend the complaint. The clerk is directed
to send both Heard and Hernandez a free-world motion to proceed in forma pauperis and a
blank 42 U.S.C. § 1983 complaint. Should Heard and Hernandez choose to proceed, their
amended complaint and motions to proceed in forma puaperis are due no later than Friday,
December 5, 2025.
IT IS SO ORDERED this 5th day of November, 2025.
________________________________
UNITED STATES DISTRICT JUDGE
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