Class et al v. U.S. Bank National Association et al

Filing 5

ORDER to Show Cause. On or before 9/25/2017, Plaintiff shall show that he is represented by counsel authorized to practice before this Court or proceed pro se; a failure to do so will result in 3 Motion for Preliminary Injunction being dismissed without prejudice. The Clerk is directed to email a copy of this Order to Mr. Mines in addition to the customary mailing of filings to pro se claimants. Signed by Judge Timothy J. Corrigan on 9/20/2017. (JJB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
RODNEY DALE CLASS, Public
Servant Since 2000, a 42 USC 1988
Escrow Proxy for the Public and for
the Actual Injured Claimant,
Private Attorney General by
Legislation Appointment and
Constitutional 14th Amendment
Bounty Hunter and JOSEPH W.
MINES, JR. , The Actual Injured
Claimant,
Plaintiffs,
v.
U.S. BANK NATIONAL
ASSOCIATION, not in its individual
capacity but solely as trustee of SW
REMIC TRUST 2015-1, CAMERON
H.P. WHITE, in their Official and
Personal Capacity, AARON
BOWDEN, in their Official and
Personal Capacity, CHARLES O.
MITCHELL, JR. , in their Official
and Personal Capacity, KAREN
COLE, in their Official and Personal
Capacity, MICHAEL R.
WEATHERBY, in their Official and
Personal Capacity, ALIANETTE
AUSTIN, in their Official and
Personal Capacity, JOHN
TOMASINO, in their Official and
Personal Capacity, ASHLEY
ELMORE DREW, in their Official
and Personal Capacity, and

Case No. 3:17-cv-1068-J-32JRK

TIMOTHY R. HAPEMAN, in their
Official and Personal Capacity,
Defendants.

ORDER TO SHOW CAUSE
THIS CAUSE is before the Court on Plaintiffs’ Motion for Preliminary
Injunction Against State Court Case, While the Federal Court Case is Being
Heard (Doc. 3). Dismissal appears appropriate based on Title 28 U.S.C. Section
1654, Rule 11 of the Federal Rules of Civil Procedure, and Local Rules 2.01 and
2.02. Only an attorney of record who is representing a party, or an
unrepresented party personally, may sign a pleading. Fed. R. Civ. P. 11(a). See
also Wheat v. United States, 486 U.S. 153, 159 (1988) (“Regardless of his
persuasive powers, an advocate who is not a member of the bar may not
represent clients (other than himself) in court.”). Middle District of Florida
Local Rule 2.01 makes eligible for admission to the bar of the Court individuals
who are in good standing of The Florida Bar. Local Rule 2.02 provides several
situations where individuals who are not members in good standing of The
Florida Bar may appear before the Court. However, each requires that the
individual be a licensed attorney.
In the Complaint (Doc. 1), Motion for Preliminary Injunction (Doc. 3), and
Notice of Appearance (Doc. 2), Mr. Rodney-Dale Class purports to be a Private
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Attorney General. Mr. Class cites to the history section of the United States
Attorney’s Manual as support for his representation of Plaintiff, Mr. Mines.
(Doc. 2 at 2–4). However, Mr. Class is incorrect in his assertions. United States
Attorneys can only be appointed by the President, by and with the advice and
consent of the Senate, Title 28 U.S.C. Section 541, and Assistant United States
Attorneys are appointed by the Attorney General. 28 U.S.C. §§ 542 & 543. Since
Mr. Class has not presented any evidence that he has any such appointment
and admits to not holding a “Bar card,” the Court is inclined to dismiss this
action.
Accordingly, it is hereby

ORDERED:
1. On or before September 25, 2017, Plaintiff shall show cause why this
case should not be dismissed without prejudice for the reasons set forth above.
Specifically, Plaintiff shall show that he is either represented by counsel
authorized to practice before this Court, or proceed pro se. A failure to show
cause will result in the case being dismissed without prejudice.

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2. Given the time-sensitive nature of the motion, the Clerk is directed to
email a copy of this Order to Plaintiff, Mr. Mines, in addition to the customary
mailing of filings to pro se claimants.

DONE AND ORDERED in Jacksonville, Florida this 20th day of
September, 2017.

jjb
Copies:
Counsel of record
Plaintiff

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