Opinion
Civil Action No. 12-cv-01875-REB-MEH
11-20-2012
MALIBU MEDIA, LLC, Plaintiff, v. JARED NELSON, Defendant.
MINUTE ORDER
Entered by Michael E. Hegarty , United States Magistrate Judge, on November 20, 2012.
Defendant Jared Nelson's Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim [filed November 15, 2012; docket #19] is stricken for failure to comply with Section IV.B.1. of Judge Blackburn's Practice Standards.
Additionally, although Defendant represents that he is proceeding in this litigation pro se, his motion contains a Certificate of Compliance with D.C. Colo. LCivR 7.1 representing that "counsel for Mr. Schinsky has conferred with Plaintiff's counsel in compliance with the aforementioned rule." Docket #19 at 25. Further, it appears the motion has been written by someone with formal legal training.
To the extent that the motion has been prepared by an attorney for a pro se litigant, the Tenth Circuit has concluded that such "ghost writing" is improper. Patton v. West, 276 F. App'x 756, 757 n. 1 (10th Cir. 2008) ("We note that an attorney who 'ghost writes' a brief for a pro se litigant may be subject to discipline both for a violation of the rules of professional conduct and for contempt of court.") (citing Johnson v. Bd. of Cnty. Comm'rs, 868 F. Supp. 1226, 1231-32 (D. Colo. 1994), rev'd in part on other grounds, 85 F.3d 489 (10th Cir. 1996) ("[ ]ghost-writing has been condemned as a deliberate evasion of the responsibilities imposed on counsel by Rule 11.").
In light of Defendant's inconsistent representations, Defendant is hereby ordered to file a supplement on or before November 26, 2012, indicating whether he has received the assistance of an attorney in this litigation. If no such attorney has been retained, Defendant shall explain his statements to the contrary.