HOLLOWAY v. USA

Filing 5

Order of Dismissal denying, as moot, 2 Motion for Leave to Proceed in forma pauperis, and directing the Clerk is directed to enter judgment dismissing plaintiff's complaint without prejudice. Signed by Judge Mary Ellen Coster Williams. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0263)

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(Filed: July 7,2017)
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ROBERT R. HOLLOWAY,

Plaintiff,

THE UNITED

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U,S. COURT OF
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Defendant.
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ORDER OF DISMISSAL
On July 5, 2017 , Ws se Plaintiff Robert R. Holloway, III, filed a complaint in this Court
slyled as Magnum XL. Inc. v. Harley-Davidson of Greensboro. DBA Harley-Davidson ("Harley
Davidson"). It appears that the real party in interest, Magnum XL, Inc., is a corporation that must
be represented by counsel under Rule 83.1(a)(1) of the Rules of the Court of Federal Claims

(r{cFC).
Rule 83.1(aX3) states in pertinent part:

An individual who is not an attomey may represent oneself or a member of one's
immediate family, but may not represent a corporation, an entity, or any other
person in any proceeding before this court. The terms counsel, attomey, and
attorney ofrecord include such individuals appearing p1q59.
I{CFC 83.1(aX3).
Magnum XL, Inc. is not a natural person and must be represented by counsel. Mr' Robert
Holloway filed the complaint on behalf of Magnum XL, Inc. and does not identify himself as an
attorney. Rule 4l(b) allows the Court to dismiss a case if the plaintiff fails to comply with the
Couft's rules. RCFC 41ft).

In any cvent, this Court lacks jurisdiction over an action against Harley Davidson, as the
only proper defendant in this Court is the United States. United States v. Sherwood, 3 l2 U.S. 584,

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588(1941);Berdickv.UnitedStates,6l2F.2d533,536(Ct.Cl. 1979). AsPlaintiffhasnotnamed
the United States as the Defendant in this action, this Court does not have jurisdiction over
Plaintilf s claim.
The Clerk is directed to dismiss Plaintiffs complaint without prejudice. PlaintilPs motion
to proceed in forma pcupgds is denied as moot.