Opinion
Criminal Action No. 5: 15-106-DCR
04-08-2020
UNITED STATES OF AMERICA, Plaintiff, v. LISA DAWN CROWE, Defendant.
MEMORANDUM ORDER
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Defendant Lisa Crowe has filed a second motion requesting reconsideration of the Court's denial of her motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1). [Record No. 216] She has also filed a "supplemental motion" providing a list of citations to authority in support of her prior motion. [Record No. 217] In essence, Crowe contends that her medical condition has worsened and that she meets the conditions for compassionate release. The Court denied Crowe's initial motion for reconsideration because it was untimely. [Record No. 212] Crowe has not identified any circumstances that change that determination.
Again, the Court is sympathetic to Crowe's situation. However, defendants must exhaust administrative remedies before appealing to the court. Crowe's initial motion for reconsideration indicates that she submitted a renewed compassionate release request to the Bureau of Prisons on March 17, 2020. [Record No. 211-7, p. 4] Crowe may appeal to this Court if the warden denies the request or fails to act on it within 30 days from receiving that request. See § 3582(c)(1).
This Memorandum Order does not address whether Crowe's recent appeal of the denial of her earlier motion [Record No. 213] divests this Court of jurisdiction over her present motion. --------
Finally, the Court notes that the majority of Defendant Crowe's filings were prepared and signed by Georgean Arsons, who purports to be a "trained paralegal" residing in New Jersey. By law, an individual may appear in court either pro se or represented by counsel. While a non-lawyer may represent herself in legal proceedings, she may not represent the interests of a third party without engaging in the unauthorized practice of law. See Guest v. Hansen, 603 F.3d 15, 20 (2d Cir. 2010); Fortin v. Ocwen Loan Serv., LLC, Civ. No. 15-122, 2015 WL 5693115, at *3 (D.N.H. Sept. 28, 2015).
While Arsons' desire to assist Crowe is commendable, she is cautioned to avoid the unauthorized practice of law in this matter.
For the foregoing reasons, it is hereby
ORDERED that Crowe's second motion for reconsideration [Record No. 216] and supplemental motion [Record No. 217] are DENIED.
Dated: April 8, 2020.
Danny C. Reeves, Chief Judge
United States District Court
Eastern District of Kentucky