Society of Apostolic Church Ministries v. United States ( 2022 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Society of Apostolic Church Ministries, et al., No. CV-21-08277-PCT-DJH 10 Plaintiffs, ORDER 11 v. 12 United States of America, 13 Defendant. 14 Pending before the Court is non-party Elizabeth Gardner’s Application to Proceed 15 in District Court Without Prepaying Fees or Cost (Doc. 2). Although Ms. Gardner’s 16 Application, signed under penalty of perjury, indicates that she is financially unable to pay 17 the filing fee, Ms. Gardner, as an individual, is not a Plaintiff to this action. 18 The Plaintiffs listed in the Civil Cover Sheet are Society of Apostolic Church 19 Ministries and Bishop Elizabeth Gardner, Corporation Sole. (Doc. 2 at 1). Ms. Gardner, 20 presumably as an authorized representative of the corporate Plaintiffs, seeks to represent 21 these entities in a pro se capacity. A pro se litigant, however, may not represent a corporate 22 entity. Russell v. United States, 308 F.2d 78, 79 (9th Cir. 1962) (“A litigant appearing in 23 propria persona has no authority to represent anyone other than himself”); Church of the 24 New Testament v. United States, 783 F.2d 771, 774 (9th Cir. 1986) (An individual cannot 25 represent a corporation, and a corporation cannot represent itself as a pro se plaintiff). 26 Accordingly, the Court will order that within twenty-one (21) days of this Order, a 27 licensed attorney shall appear on behalf of the Society of Apostolic Church Ministries and 28 Bishop Elizabeth Gardner, Corporation Sole. Absent a notice of appearance for these Plaintiffs, the Complaint shall be dismissed without prejudice. 2 In accordance with the above, 3 IT IS HEREBY ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 2) is DENIED. 5 IT IS FURTHER ORDERED that within twenty-one (21) days of this Order, || Plaintiffs must pay the required filing fee and a licensed attorney shall appear on behalf of 7\| the Society of Apostolic Church Ministries and Bishop Elizabeth Gardner, Corporation 8 || Sole. 9 IT IS FINALLY ORDERED that if Plaintiffs do not pay the filing fee and/or a 10 || Notice of Appearance is not filed within twenty-one (21) days of the date of this Order, 11 || the Clerk of Court shall dismiss this action, without prejudice, without further Order of the Court. 13 Dated this 4th day of January, 2022. 14 15 Ye SZ 16 norable' Diang/4. Hunfetewa 17 United States District Fudge 18 19 20 21 22 23 24 25 26 27 28 _2-