Sanders v. Cruickshank et al

Filing 16

MEMORANDUM AND ORDER that the clerk's office shall mail a copy of this Memorandum and Order to Petitioner and also mail a copy of this Memorandum and Order to Mr. Soucie at the address provided in his current registration as a member of the bar of this court. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICKY J. SANDERS,
Petitioner,

4:17CV3020

vs.
RICHARD CRUICKSHANK, Warden
Nebraska Penitentiary; and SCOTT R.
FRAKES, Director Nebraska
Department of Correctional Services;

MEMORANDUM
AND ORDER

Respondents.
This matter is before the court on case management. Petitioner filed a
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 that was prepared
by attorney Gerald L. Soucie. (Filing No. 1.) The petition states, “Pursuant to Neb.
R. of Prof. Cond. 3-501(2)(a), this petition for federal habeas corpus was prepared
by attorney, Gerald L. Soucie, NE# 16163, 1141 H St., Lincoln, Nebraska 68508.”
Petitioner has since filed two motions, with briefs in support, with the assistance of
Mr. Soucie. (Filing Nos. 6-7, 13-15.) The motions state, “Pursuant to Neb. R. of
Prof. Cond. 3-501(2)(a), this motion/request was prepared with the assistance of
attorney, Gerald L. Soucie, NE# 16163, I 141 H St., Lincoln, Nebraska 68508,”
and the briefs have similar disclaimers. Mr. Soucie has not entered an appearance
in this matter. Mr. Soucie did not sign any of the pleadings.
Mr. Soucie is herewith advised that this court has not adopted the Nebraska
Rules of Professional Conduct nor ethics opinions or codes promulgated by the
American Bar Association, but rather applies and enforces federal ethical
requirements. See NEGenR 1.7(b). Furthermore, Mr. Soucie is herewith warned
that preparing important pleadings or briefs in a habeas corpus case for a pro se
litigant to file without the entry of Mr. Soucie’s appearance and without Mr.

Soucie’s signature on the pleadings may be (1) construed by the undersigned as
conduct unbecoming a member of the bar under NEGenR 1.7(b)(2); and (2) a
violation of Federal Rule of Civil Procedure 11(a). See, e.g., Duran v. Carris, 238
F.3d 1268, 1272-73 (10th Cir. 2001) (Participation by an attorney in drafting what
was otherwise a pro se appellate brief is per se substantial legal assistance, and
must be acknowledged by the lawyer’s signature on the pleading thus subjecting
the lawyer to the rigors of Fed.R.Civ.P 11(a) and obviating the need to give a
liberal construction to what would otherwise be a pro se pleading).
IT IS THEREFORE ORDERED that: the clerk’s office shall mail a copy of
this Memorandum and Order to Petitioner and also mail a copy of this
Memorandum and Order to Mr. Soucie at the address provided in his current
registration as a member of the bar of this court.
Dated this 30th day of June, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

2