Masjid Al-Tawheed Inc. et al v. Putney, Town of et al

Filing 3

ORDER granting 1 Motion for Leave to Proceed in forma pauperis as to Ishmael Ali. An attorney must enter an appearance on behalf of Masjid Al-Tawheed, Inc. and Masjid Al-Tawheed, Inc. must pay the filing fee within 30 days of the date of this Order. Failure to comply with this Order may result in the dismissal of Masjid Al-Tawheed, Inc. without prejudice. Signed by Judge J. Garvan Murtha on 7/18/2006. (kak, )

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Masjid Al-Tawheed Inc. et al v. Putney, Town of et al Doc. 3 Case 1:06-cv-00138-jgm Document 3 Filed 07/18/2006 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT Masjid Al-Tawheed, Inc., Imam Ishmael Ali, Plaintiffs, v. Town of Putney, Anita Coomes, Jill Garland, Defendants. : : : : : : : : : File No. 1:06-CV-138 ORDER (Paper 1) The plaintiffs seek to file a complaint pertaining to their liability for taxes. Plaintiff Ishmael Ali has submitted an application to proceed in forma pauperis, supported by a financial affidavit that meets the requirements of 28 U.S.C. 1915. The application to proceed in forma Ali may file, and the Clerk of pauperis (Paper 1) is GRANTED. Court shall accept, his complaint without prepayment of the required fees, and Ali shall not be required to pay the fees for service of the complaint. Service of process shall be See Fed. R. Civ. P. effected by the U.S. Marshal Service. 4(c)(2); 28 U.S.C. 1915(d). Plaintiff Masjid Al-Tawheed, Inc. has not paid the filing fee and is not currently represented by an attorney. A corporation may not proceed pro se, and must be represented by counsel. Jacobs v. Patent Enforcement Fund, Inc., 230 F.3d Furthermore, a See Arch 565, 569 (2d Cir. 2000); Local Rule 83.3(b). corporation may not proceed in forma pauperis. Dockets.Justia.com Case 1:06-cv-00138-jgm Document 3 Filed 07/18/2006 Page 2 of 2 Assoc. v. HuAmerica Int'l, Inc., 1993 WL 452599, at *1 - *2 (S.D.N.Y. Nov. 1, 1993); Sears Roebuck & Co. v. C.W. Sears Real Estate, 686 F. Supp. 385, 387 (N.D.N.Y.), aff'd, 865 F.2d 22 (2d Cir. 1988); FDM Mfg. Co., Inc. v. Scottsdale, Ins. Co., 855 F.2d 213, 214-15 (5th Cir. 1988). Accordingly, an attorney must enter an appearance on behalf of Masjid AlTawheed, Inc., and Masjid Al-Tawheed, Inc. must pay the filing fee within 30 days of the date of this Order. Failure to comply with this Order may result in the dismissal of Masjid Al-Tawheed, Inc. without prejudice. SO ORDERED. Dated at Brattleboro, in the District of Vermont, this 18th day of July, 2006. /s/ J. Garvan Murtha J. Garvan Murtha United States District Judge 2

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