Reynolds v. Cox Cable et al

Filing 13

ORDER granting Timothy L. Ashford's 12 Motion to Withdraw as Attorney. Plaintiff Harold Reynolds shall have until August 16,2013, to advise the Court whether he intends to obtain counsel or whether he intends to proceed pro se. Plaintiff Com munity Telecast, Inc., is dismissed without prejudice for failure to obtain counsel. Plaintiff Harold Reynolds is provisionally granted leave to proceed in forma pauperis, and the complaint shall be filed without payment of fees. Ordered by Senior Judge Lyle E. Strom (Copies mailed as directed)(MKR) Modified on 8/1/2013 to correct judge (MKR).

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
HAROLD REYNOLDS,
COMMUNITY TELECAST, INC.,

)
)
)
Plaintiffs,
)
)
v.
)
)
COX CABLE, COX COMMUNICATIONS,)
JOHN DOES 1-10,
)
)
Defendants.
)
______________________________)

8:13CV86

ORDER

This matter is before the Court after the motion of
Timothy L. Ashford to withdraw as counsel (Filing No. 12), and
plaintiff Harold Reynolds’ response to show cause order (Filing
No. 9), together with his affidavit (Filing No. 10).

The Court

notes no substitute counsel has yet appeared for plaintiffs.
Parties who are not natural persons may not appear pro
se.

Rowland v. California Men’s Colony, 506 U.S. 194, 203

(1993).

Moreover, courts “have uniformly held that 28 U.S.C.

§ 1654, providing that ‘parties may plead and conduct their own
cases personally or by counsel,’ does not allow corporations,
partnerships, or associations to appear in federal court
otherwise than through a licensed attorney.”

Id. at 202.

Therefore, plaintiff Community Telecast, Inc., will be dismissed
from this action for failure to prosecute.

Upon review of plaintiff Harold Reynolds’ motion, the
Court finds that plaintiff is financially eligible to proceed in
forma pauperis.

Accordingly,

IT IS ORDERED:
1) The motion of Timothy L. Ashford to withdraw as
counsel is granted.

Plaintiff Harold Reynolds shall have until

August 16, 2013, to advise the Court whether he intends to obtain
counsel or whether he intends to proceed pro se.
2) Plaintiff Community Telecast, Inc., is dismissed
without prejudice for failure to obtain counsel.
3) Plaintiff Harold Reynolds is provisionally granted
leave to proceed in forma pauperis, and the complaint shall be
filed without payment of fees.
DATED this 1st day of August, 2013.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

-2-