Shell v. Henderson et al

Filing 539

ORDER. Document Numbers 523 , 524 , 525 , 526 , and 537 filed by Thomas Dutkiewicz on behalf of Defendant Connecticut DCF Watch are STRICKEN, by Magistrate Judge Kathleen M. Tafoya on 01/30/2012.(wjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya

Civil Action No. 09–cv–00309-MSK-KMT
SUZANNE SHELL,
Plaintiff,
v.
AMERICAN FAMILY RIGHTS ASSOCIATION,
LEONARD HENDERSON,
FAMILIES AT RISK DEFENSE ALLIANCE,
FRANCINE RENEE CYGAN,
MARK CYGAN,
ILLINOIS FAMILY ADVOCACY COALITION,
GEORGIA FAMILY RIGHTS, INC.,
DENNIS HINGER,
NATIONAL ASSOCIATION OF FAMILY ADVOCATES,
CONNECTICUT DCF WATCH,
ANN DURAND,
BRENDA SWALLOW,
KATHY TILLEY,
RANDALL BLAIR,
LLOYD PHILLIPS,
DESERE’ CLABO aka HOWARD, and
UNKNOWN DEFENDANTS DOE 1-15,
Defendants.

ORDER

This matter is before the court on a review of several documents filed on behalf of
Defendant Connecticut DCF Watch and signed by a former pro se defendant, Thomas
Dutkiewicz.

It is a “long-standing rule that a corporation must be represented by an attorney to appear
in federal court.” Tal v. Hogan, 453 F.3d 1244, 1254 (10th Cir. 2006) (footnote and citations
omitted). Moreover, courts “have uniformly held that 28 U.S.C. § 1654, providing that ‘parties
may plead and conduct their own cases personally or by counsel,’ does not allow corporations,
partnerships, or associations to appear in federal court otherwise than through a licensed
attorney.” Rowland v. California Men’s Colony, 506 U.S. 194, 202 (1993).
Thus, the pleadings filed by Thomas Dutkiewicz, a non-attorney, are not properly before
the court and must be stricken. Accordingly, it is
ORDERED that Document Numbers 523, 524, 525, 526, and 537, filed by Thomas
Dutkiewicz on behalf of Defendant Connecticut DCF Watch, are STRICKEN.
Dated this 30th day of January, 2012.

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