Cash Rio, Inc. v. Citimortgage, Inc.

Full title: CASH RIO, INC. PLAINTIFF v. CITIMORTGAGE, INC. DEFENDANT

Court: United States District Court, E.D. Arkansas, Western Division

Date published: Nov 19, 2008

CASE NO. 4:08MC0021 JMM (E.D. Ark. Nov. 19, 2008)

Opinion

CASE NO. 4:08MC0021 JMM.

November 19, 2008

ORDER

JAMES MOODY, District Judge

On November 18, 2008, Mark Kimbrough, as president of Cash Rio, Inc., filed a motion for a temporary restraining order seeking to halt the November 25, 2008 foreclosure sale of property owned by Cash Rio, Inc. Based upon the pleading, the motion must be dismissed as this Court lacks subject matter jurisdiction over the case and, unless Kimbrough is an attorney licensed to practice law in United States District Court, he may not represent or file pleadings in federal court on behalf of Cash Rio, Inc. See 28 U.S.C. § 1654; Carr Enterprises, Inc. v. United States, 698 F.2d 952 (8^th Cir. 1983) ("It is settled law that a corporation may be represented only by licensed counsel").

Plaintiff's motion is dismissed without prejudice for lack of jurisdiction.

IT IS SO ORDERED