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.)

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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 Page 2 of 2

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