Notoweega Nation v. United States of America et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C Smith on 11/20/14. (lvw1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

NOTOWEEGA NATION,
Plaintiff,
vs.

Case No.: 2:14-cv-1688
JUDGE SMITH
Magistrate Judge King

UNITED STATES OF AMERICA, et al.,
Defendants.

ORDER
On September 23, 2014, the United States Magistrate Judge issued an Order and Report
and Recommendation recommending that Plaintiff’s request to proceed in forma pauperis be
granted, but that Plaintiff’s Complaint be dismissed, without prejudice, because Great Elk Dance
for His Elk Nation is not licensed to practice law in this Court and cannot represent Plaintiff
Notoweega Nation. (See Doc. 3). The parties were advised of their right to object to the Report
and Recommendation. This matter is now before the Court on Plaintiff Notoweega Nation’s
Objections to the Report and Recommendation. (See Doc. 5). The Court will consider the
matter de novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
The objections present the same issues presented to and considered by the Magistrate
Judge in the Report and Recommendation. Plaintiff asserts that is has a right to bring suit against
the United States. However, Plaintiff has failed to recognize the findings of the Magistrate Judge
that pursuant to 28 U.S.C. § 1654, a party is not permitted to appear pro se and represent the
interests of others. That constitutes the unauthorized practice of law. See Williams v. Griffith,

2009 WL 2469523, at *4 (Ohio Ct. App. Aug. 13, 2009).
For the reasons set forth above, and in detail in the Magistrate Judge’s Order and Report
and Recommendation, this Court finds that Plaintiff’s objections are without merit and are
hereby OVERRULED.
The Report and Recommendation, Document 3, is ADOPTED and AFFIRMED.
Plaintiffs’ Complaint is hereby dismissed without prejudice.
The Clerk shall remove Document 3 from the Court’s pending motions list. The Clerk
shall terminate this case.

IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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