Bonnell et al v. City of Hastings et al

Filing 6

MEMORANDUM AND ORDER regarding: Complaint - Pro Se 1 filed by Kathleen T. Bonnell - 1. Within 30 days, Bonnell must secure counsel or file an amended complaint that solely states claims on Bonnel's own behalf. 2. The clerk of the court is d irected to set the following pro se case management deadline: February 22, 2016: check for appearance of counsel or amended complaint. 3. Bonnell's request for a restraining order (Filing No. 5 ) is denied. Even if the Court could grant the requested relief, as explained above, Bonnell may not represent parties other than herself. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KATHLEEN T. BONNELL,
KATHLEEN’S ACADEMY FOR
HEALTH AND WELL-BEING,
PHOENIX CENTRE, and MARVIN E.
HUGHES, Prior Owner of Phoenix
Centre,
Plaintiffs,
v.
CITY OF HASTINGS, MARK W
EVANS, Hastings Building Inspector,
DAVE H PTAK, Hastings City
Attorney, and DOES 1 TO 25,
Defendants.

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4:16CV3005

MEMORANDUM
AND ORDER

This matter is before the Court on its own motion. Plaintiff Kathleen T. Bonnell
signed the Complaint (Filing No. 1) filed in this case. It appears she purported to sign the
Complaint on behalf of herself and also on behalf of another individual and two private
companies. An attorney has not entered an appearance in this case.
As a pro se litigant, Bonnell may not represent parties other than herself. See OseiAfriyie v. Med. Coll. of Pennsylvania, 937 F.2d 876, 882–83 (3d Cir. 1991); Iannaccone v.
Law, 142 F.3d 553, 558 (2d Cir. 1998); 28 U.S.C. § 1654. In addition, “a corporation may
appear in the federal courts only through licensed counsel.” Rowland v. California Men’s
Colony, 506 U.S. 194, 202 (1993); Ackra Direct Mktg. Corp. v. Fingerhut Corp., 86 F.3d
852, 857 (8th Cir. 1996). “[T]he rationale for [this] rule applies equally to all artificial
entities.” Rowland, 506 U.S. at 202.
There is no indication on the record that Bonnell is a licensed attorney. An entity
is technically in default absent representation by licensed counsel. Ackra Direct Mktg., 86

F.3d at 857. On the Court’s own motion, Bonnell will be given 30 days in which to secure
counsel or file an amended complaint that solely states claims on Bonnell’s own behalf.
Accordingly,
IT IS ORDERED:
1.

Within 30 days, Bonnell must secure counsel or file an amended complaint
that solely states claims on Bonnel’s own behalf.

2.

The clerk of the court is directed to set the following pro se case
management deadline: February 22, 2016: check for appearance of counsel
or amended complaint.

3.

Bonnell’s request for a restraining order (Filing No. 5) is denied. Even if the
Court could grant the requested relief, as explained above, Bonnell may not
represent parties other than herself.

DATED this 20th day of January, 2016.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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