Frederick Collins Fermin v. Army Board for Correction of Military Records, Washington, D. C., and Veterans Administration, San Francisco, California

In this action, appellant, in propria persona, attempts to appeal from the dismissal of a “Petition for a Writ of Mandate” in which the Army Board for Correction of Military Records, and the Veterans Administration are named as defendants.

It will serve no purpose to remind petitioner that seldom can a layman adequately assume the role of lawyer. Here the appellant purports to appear in propria persona, not to represent himself, but to represent one Mrs. Apolonia Collins, mother of deceased veteran, Joe C. Collins, petitioner’s uncle. Petitioner is not the proper party to maintain the action. Defendants are not the proper parties to be sued. Blackmar v. Guerre, 1952, 342 U.S. 512 , 72 S.Ct. 410 , 96 L.Ed. 534 .

When defendants moved to dismiss the pending litigation, plaintiff filed an “Answer to Notice of Motion and Motion to Dismiss Complaint.” In it is contained the following statement: “Plaintiff’s final prayer is for the court to take this official answer as an amended complaint.” No leave of court was obtained to file an amended complaint; no cause of action was stated in the purported amended complaint.

Appellant’s uncle, Joe C. Collins, served in the United States Army…