USMC Task Force CID OCB v. State of Tennessee
Filing
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MEMORANDUM OPINION OF THE COURT. Signed by District Judge Todd J. Campbell on 2/27/2015. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
UNITED SAINTS MISSIONARY CHAPEL )
TASK FORCE CID OCB,
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Plaintiff,
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v.
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STATE OF TENNESSEE, et al.,
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Defendants.
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No. 3:15-cv-00171
Judge Campbell
MEMORANDUM
The “Affidavit of Criminal Complaint” that initiated this action identifies the complainant
as the “United Saints Missionary Chapel, herein called the USMC Task Force CID OCB, {The
Church}.” (Docket Entry No. 1 at 1.) It purports to be brought “by and through The Law Institute
20621 Clearwater Dr. Emily, Minnesota 56447; within The Negro Independent Christian Chapel
{NICC; Eagle Eye Investigator(s) {EEI}.” (Id.) It is signed by “John Mark Nee,” who identifies
himself as Minister of Justice of The Law Institute of Minnesota.
Rule 11(a) of the Federal Rules of Civil Procedure requires every pleading submitted to a
federal court to be signed by an attorney or by a party proceeding pro se. Investigation by the
Court’s staff indicates that no one named John Mark Nee is licensed to practice law in Tennessee
or Minnesota, and no such person has been admitted to practice law in this Court as required by
Local Rule 83.01.
An individual not licensed to practice law is not permitted to represent anyone other than
himself, including other natural persons or “artificial entities” such as corporations, partnerships or
associations. Lattanzio v. COMTA, 481 F.3d 137, 139 (2d Cir. 2007); Moore v. Warren, No.
13-CV-11831, 2014 WL 1464404, at *3 (E.D. Mich. Apr. 15, 2014). Under 28 U.S.C. § 1654, such
artificial entities may not “appear in federal court otherwise than through a licensed attorney.”
Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 202 (1993).
Accordingly, the complaint signed and filed by John Mark Nee on behalf of USMC is in
violation of Rule 11(a) of the Federal Rules of Civil Procedure and cannot form the basis of any
action in this Court. Because the complainant in this action is an artificial entity that cannot simply
re-file or amend its complaint pro se, there is no way to cure this fatal deficiency short of having a
licensed attorney admitted to practice in this Court re-file the pleading.
Accordingly, this action will be DISMISSED without prejudice to the complainant’s ability
to re-file its complaint in a manner that complies with Rule 11of the Federal Rules of Civil
Procedure.
An appropriate Order is filed herewith.
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TODD J. CAMPBELL
United States District Judge
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