Parks v. State Of Ohio
Filing
13
ORDER adopting and affirming 5 the Report and Recommendation; denying as moot 3 Respondent's Motion to Dismiss for Lack of Jurisdiction; denying as moot 4 Respondent's Motion to Quash; denying as moot 10 Petitioner's Motion; denying as moot 11 Petitioner's Motion to Compel; denying as moot 12 Petitioner's Motion. Signed by Judge Michael H. Watson on 4/10/17. (jk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Rachael N. Parks,
Plaintiff,
Case No. 2:17-cv-128
V.
JUDGE MICHAEL H. WATSON
Magistrate Judge Jolson
State of Ohio,
Defendant.
ORDER
This case is one of four habeas actions that Lotus Justice, a non-attorney,
has attempted to file on behalf of Rachael N. Parks and/or Ms. Parks' minor
child. The other three cases have been dismissed for lack of jurisdiction. See
C.M.B., etal. v. State of Ohio, eta!., No. 2:16-cv-757 (EOF No. 3 (denying
habeas petition for failing to satisfy the "in custody" requirement and improperly
seeking to challenge a state-court judgment)); Clayton M. Bates, et ai. v. Richard
M. Dewlne, etal., No. 1:16-cv-975 (EOF Nos. 9,18 (same)); RachaelN. Parks
V. State of Ohio, No. 2:17-cv-54 (Doc. 11 (same)).
On March 13, 2017, the Magistrate Judge assigned to this case issued a
Report and Recommendation ("R&R") recommending that the Court dismiss this
lawsuit as frivolous. EOF No. 5. The Magistrate Judge warned that "federal
courts have inherent power to impose appropriate sanctions, including
restrictions on future access to the judicial system, to deter future, frivolous,
harassing or duplicative lawsuits." Id. at PAGEID ##1-2.
Ms. Justice filed objections to the R&R on March 27,2017. Ms. Justice
represents herself as "Appointed Counsei of ~rachael-n: parks et al. and
~clayton-m: bates, et al." ECF No. 9, at PAGEID # 308. As stated above, Ms.
Justice is not a licensed attomey.
The Court has reviewed the R&R and Ms. Justice's objections. The Court
notes, as it did in Case No. 17-cv-54, that a non-attorney such as Ms. Justice
may not represent another litigant's interests in federal court. See 28 U.S.C. ยง
1654; Fed. R. Civ. P. 11(a). This Court does not recognize the sovereign citizen
ideology on which Ms. Justice bases her purported representation.
For the reasons stated in the R&R, the Court OVERRULES the objections,
ECF No. 9, ADOPTS AND AFFIRMS the R&R, ECF No. 5, and DISMISSES this
case. All pending motions in this case, ECF Nos. 3, 4,10,11, and 12, are
DENIED AS MOOT. The Court DIRECTS the Clerk to refuse any additional
filings in this case from Ms. Justice, also known as Monica Greer Justice.
IT IS SO ORDERED.
MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT
Case No. 2:17-cv-128
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