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U.S. v. Brown

United States District Court, W.D. Louisiana
Mar 4, 2002
197 F. Supp. 2d 574 (W.D. La. 2002)

Opinion

Criminal No. 01-10012

March 4, 2002

B L S B Inc, c/o Betty L S Brown Pineville, LA, Pro se.

W W T O Inc, c/o Tongula Veal, Alexandria, LA, Pro se.

H Bradford Calvit, Provosty Sadler deLaunay, Alexandria, LA, for William Earl Hilton, June Murdock, JImmy Chevalier, City of Alexandria, Ned Randolph, interested parties.

Kathy Duhon Williams, LA Dept of Public Safety Corrections, Baton Rouge, LA, for LA State Police, interested party.

Donnie Ann Conston, Alexandria, LA, Pro se.

Dale A Adebamiji, Dele A Adebamiji Assoc, Baton Rouge, LA, Pro se.

Rochelle Henton Barnes, Pineville, LA, Pro se.

Gary B Tillman, Tillman Willett, Alexandria, LA, for Money Shack L L C, interested party.

Timothy A Meche, New Orleans, LA, for Timothy D Brown, defendant.

Timothy D Brown, Vernon Corr Facility, Leesville, LA, Pro se.

Christopher Michael Brown, Leesville, LA, Pro se.

Dele A Adebamiji, Dele A Adebamiji Assoc, Baton Rouge, LA, for Christopher Michael Brown, defendant.

William M Dauphin, Jr, Lafayette, LA, Joseph Patten Brown, III, Memphis, TN, for Kenneth Wayne Pearson, defendant.

Kenneth Wayne Pearson, Alexandria, LA, Pro se.

Michael C Piccione, Sr, Piccione Law Firm, New Orleans, LA, Thurston Washington, Alexandria, LA, for Thurston Washington (4) aka Thurston Thermaine Pierson, defendant.

James G Cowles, Jr, U S Atty's Office, Shreveport, LA, Richard A Willis, U S Atty's Office, Lafayette, LA, for U.S. Attorneys.


RULING


BLSB, INC. and W.W.T.O., INC. have filed pleadings in this matter. Each corporation suggests that the property seizures issued as a result of criminal convictions of the defendants in these proceedings should be annulled. Each corporation argues that as an owner of the seized property, it is not responsible for the criminal conduct of any defendant that used the property.

We are unable to consider the motions. In civil actions, and these motions are civil in nature, corporations must be represented by licensed counsel. Although an individual has a statutory right to represent himself in federal court without the participation of a lawyer, under 28 U.S.C. § 1654, a corporation may be represented only by an attorney. Thus, a corporation may not appear in a federal civil action pro se. This rule applies even where the would-be representative of the corporation is the corporate president and sole shareholder. See Lowery v. Hoffmann, 188 FRD 651 (M.D. Ala 1999). As the Fifth Circuit stated inSouthwest Express Co., Inc. v. Interstate Commerce Comm'n, 670 F.2d 53, at 56: "Corporations and partnerships, by their very nature, are unable to represent themselves, and the consistent interpretation of Section 1654 is that the only proper representative of a corporation or partnership is a licensed attorney, not an unlicensed layman, regardless of how close his association with the corporation or partnership."

The motions will not be considered by this court.


Summaries of

U.S. v. Brown

United States District Court, W.D. Louisiana
Mar 4, 2002
197 F. Supp. 2d 574 (W.D. La. 2002)
Case details for

U.S. v. Brown

Case Details

Full title:UNITED STATES OF AMERICA v. TIMOTHY D. BROWN, et al

Court:United States District Court, W.D. Louisiana

Date published: Mar 4, 2002

Citations

197 F. Supp. 2d 574 (W.D. La. 2002)

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