Rabbe et al v. Wells Fargo Home Mortgage, Inc., et al

Filing 34

ORDER - IT IS ORDERED: The "Entry of Appearance" filed by "Rodney-Dale,class" (filing 33 ) is stricken. The Clerk of the Court is directed to provide a copy of this order to the parties, to "Rodney-Dale,class" at the address contained in filing 33 , and to the U.S. Court of Appeals for the Eighth Circuit. Ordered by Judge John M. Gerrard. (Copy mailed to pro se parties, Rodney-Dale,class and sent to USCA - 8th Circuit as directed)(TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RANDOLPH MICHAEL RABBE
AND LISA ANN RABBE,
8:17-CV-131
Plaintiffs,
vs.

ORDER

WELLS FARGO HOME
MORTGAGE, INC. AND WELLS
FARGO, N.A.,
Defendants.
An individual identifying himself as "Rodney-Dale,class" has filed an
"Entry of Appearance" (filing 33) in this case. Because the filer cannot
represent others in this Court, his appearance will be stricken.
The filer does not purport to be a litigant or a licensed attorney. So, he
lacks authority to act as an attorney before the Court. United States v.
Agofsky, 20 F.3d 866, 872 (8th Cir. 1994). A nonlawyer has no right to
represent another in a court of the United States. Knoefler v. United Bank of
Bismarck, 20 F.3d 347, 348 (8th Cir. 1994). The filer suggests that he may
appear because, he says, the United States Attorney does not need to be a
member of the bar. He is wrong about that. See Pub. L. No. 96-132, § 3(a), 93
Stat. 1040. But more importantly, having been appointed by neither the
President nor the Attorney General, he is not a United States Attorney. See
28 U.S.C. §§ 541 & 542.
The filer's claim to be a "Private Attorney General" and "Constitutional
14th Amendment Bounty Hunter" is presumably based on the proposition
that an individual who pursues a civil rights claim in federal court may do so

"not for himself alone but also as a 'private attorney general,' vindicating a
policy that Congress considered of the highest priority." Newman v. Piggie
Park Enters., Inc., 390 U.S. 400, 402 (1968). But while that permits a litigant
with standing to enforce the civil rights laws by asserting their own claims,
either pro se or through counsel, it does not make that litigant a "United
States Attorney," nor does it upset the "established procedure which requires
that only one licensed to practice law may conduct proceedings in court for
anyone other than himself." United States v. Onan, 190 F.2d 1, 6 (8th Cir.
1951).
IT IS ORDERED:
1.

The "Entry of Appearance" filed by "Rodney-Dale,class"
(filing 33) is stricken.

2.

The Clerk of the Court is directed to provide a copy of this
order to the parties, to "Rodney-Dale,class" at the address
contained in filing 33, and to the U.S. Court of Appeals for
the Eighth Circuit.

Dated this 29th day of September, 2017.
BY THE COURT:

John M. Gerrard
United States District Judge

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