Saint Mark's Missionary Chapel v. Wilson Davidson County Local Government et al

Filing 2

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 4/9/15. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

SAINT MARKS’ MISSIONARY CHAPEL,
Plaintiff,
v.
WILSON DAVIDSON COUNTY LOCAL
GOVERNMENT, et al.,
Defendants.

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No. 3:15-cv-00387
JUDGE TRAUGER

MEMORANDUM
The complaint filed in this action identifies the plaintiff as “Saint Marks’ Chapel of
Minnesota-Tennessee.” (Docket Entry No. 1, at 1.)

It is signed by “John Mark Nee,” who

identifies himself as “Administerstrative Judge of The Law Institute of Minnesota-Tennessee.”
(Id. at 2, 3.)
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 Saint Marks’
Chapel 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 plaintiff 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 plaintiff’s ability to refile its complaint in a manner that complies with Rule 11of the Federal Rules of Civil Procedure.

Aleta A. Trauger
United States District Judge

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