State of Missouri v. Holmes

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this action is REMANDED to the Circuit Court of St. Charles County. IT IS FURTHER ORDERED that the Clerk shall forward a copy of this Order to the Circuit Court of St. Charles County, with reference to Missouri v. Holmes, 1211-CR06779.. Signed by District Judge Rodney W. Sippel on 1/22/13. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STATE OF MISSOURI,
Plaintiff,
v.
CLARENCE A. HOLMES,
Defendant.

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No. 4:13CV130 SPM

MEMORANDUM AND ORDER
This matter is before me on the notice of removal of this action from the Circuit
Court of St. Charles County, Missouri, by MarakaYah Baht Li’EL YesraEL
(“MarakaYah”), a non-attorney and self-titled Diplomatic and Consular
Representative to the Consulate of the United Nation of Yisrael, which is located in
Black Jack, Missouri. MarakaYah purports to remove this criminal action on behalf
of Clarence Holmes,1 who has been charged with driving with a revoked or suspended
license. See Missouri v. Holmes, 1211-CR06779 (11th Cir.). MarakaYah signed the
notice of removal; Holmes did not. None of the state court pleadings have been
attached to the notice of removal.

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Holmes is also known as Noble Yahudah Ben YsraEL.

Non-attorneys may not file pleadings on behalf of others in federal court. See
28 U.S.C. § 1654 (“In all courts of the United States the parties may plead and
conduct their own cases personally or by counsel . . .”). As a result, the notice of
removal was not properly filed, and I will summarily remand it to the Circuit Court
for St. Charles County.
Accordingly,
IT IS HEREBY ORDERED that this action is REMANDED to the Circuit
Court of St. Charles County.
IT IS FURTHER ORDERED that the Clerk shall forward a copy of this
Order to the Circuit Court of St. Charles County, with reference to Missouri v.
Holmes, 1211-CR06779.
Dated this 22nd day of January, 2013.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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