Bethel v. State of Nebraska
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: James Bethel's Notice of Appeal is deficient and the court will not act on it. The clerk of the court will not process the appeal to the Eighth Circuit Court of Appeals until this deficiency is cured. The Motion for Leave to Appeal in Forma Pauperis, signed by "Aaron agent man, sine prejudicium" (Filing No. 8 ), is denied. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STATE OF NEBRASKA,
This matter is before the court on a Notice of Appeal (Filing No. 7) and Motion
for Leave to Appeal in Forma Pauperis (Filing No. 8) filed in this case on February
10, 2015. Neither document was signed by Plaintiff James Bethel. Rather, the
documents were signed by someone identifying himself as “Aaron agent man, sine
prejudicium.” This is a problem for two reasons.
First, Federal Rule of Civil Procedure 11(a) requires that all pro se parties to
a case sign every pleading, written motion, and other paper that they submit to the
court. Rule 11(a) helps to ensure that pro se parties consent to the filing of
documents on their behalf. See United States v. Brenton, No. 8:04CR262, 2007 WL
3124539, at *1-2 (D. Neb. Oct. 23, 2007) (discussing Johnson v. O’Donnell, No.
01-C-0257-C, 2001 WL 34372892 (W.D. Wis. Aug 24, 2001)).
Second, it is improper for a non-lawyer to sign papers in place of, or to
otherwise represent, parties other than themselves. See id. at *1 (citing 5A C. Wright
& A. Miller, Federal Practice and Procedure § 1333, at 513 & n.15 (2004)).
IT IS THEREFORE ORDERED that:
James Bethel’s Notice of Appeal is deficient and the court will not act
on it. The clerk of the court will not process the appeal to the Eighth Circuit Court
of Appeals until this deficiency is cured.
The Motion for Leave to Appeal in Forma Pauperis, signed by “Aaron
agent man, sine prejudicium” (Filing No. 8), is denied.
DATED this 19th day of February, 2016.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge
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