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Shell v. American Family Rights Ass'n

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Jan 30, 2012
Civil Action No. 09-cv-00309-MSK-KMT (D. Colo. Jan. 30, 2012)

Opinion

Civil Action No. 09-cv-00309-MSK-KMT

01-30-2012

SUZANNE SHELL, Plaintiff, v. AMERICAN FAMILY RIGHTS ASSOCIATION, LEONARD HENDERSON, FAMILIES AT RISK DEFENSE ALLIANCE, FRANCINE RENEE CYGAN, MARK CYGAN, ILLINOIS FAMILY ADVOCACY COALITION, GEORGIA FAMILY RIGHTS, INC., DENNIS HINGER, NATIONAL ASSOCIATION OF FAMILY ADVOCATES, CONNECTICUT DCF WATCH, ANN DURAND, BRENDA SWALLOW, KATHY TILLEY, RANDALL BLAIR, LLOYD PHILLIPS, DESERE' CLABO aka HOWARD, and UNKNOWN DEFENDANTS DOE 1-15, Defendants.


Magistrate Judge Kathleen M. Tafoya


ORDER

This matter is before the court on a review of several documents filed on behalf of Defendant Connecticut DCF Watch and signed by a former pro se defendant, Thomas Dutkiewicz.

It is a "long-standing rule that a corporation must be represented by an attorney to appear in federal court." Tal v. Hogan, 453 F.3d 1244, 1254 (10th Cir. 2006) (footnote and citations omitted). Moreover, courts "have uniformly held that 28 U.S.C. § 1654, providing that 'parties may plead and conduct their own cases personally or by counsel,' does not allow corporations, partnerships, or associations to appear in federal court otherwise than through a licensed attorney." Rowland v. California Men's Colony, 506 U.S. 194, 202 (1993).

Thus, the pleadings filed by Thomas Dutkiewicz, a non-attorney, are not properly before the court and must be stricken. Accordingly, it is

ORDERED that Document Numbers 523, 524, 525, 526, and 537, filed by Thomas Dutkiewicz on behalf of Defendant Connecticut DCF Watch, are STRICKEN.

BY THE COURT:

____________

Kathleen M. Tafoya

United States Magistrate Judge


Summaries of

Shell v. American Family Rights Ass'n

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Jan 30, 2012
Civil Action No. 09-cv-00309-MSK-KMT (D. Colo. Jan. 30, 2012)
Case details for

Shell v. American Family Rights Ass'n

Case Details

Full title:SUZANNE SHELL, Plaintiff, v. AMERICAN FAMILY RIGHTS ASSOCIATION, LEONARD…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jan 30, 2012

Citations

Civil Action No. 09-cv-00309-MSK-KMT (D. Colo. Jan. 30, 2012)