United States v. Real Property Located at 3347 ( 2019 )

FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS March 29, 2019
Elisabeth A. Shumaker
TENTH CIRCUIT Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 18-6129
(D.C. No. 5:16-CV-00153-HE)
REAL PROPERTY LOCATED AT W.D. Okla.
3347 CHARTREUSE WAY,
HOUSTON, TEXAS,
Defendant,
________________________
FABROSE COMPANY NIGERIA,
LTD., doing business as Fabross
Property Ventures,
Claimant,
________________________
ALEXANDER EZEAH,
Movant - Appellant.
ORDER AND JUDGMENT *
Before BACHARACH, MURPHY, and MORITZ, Circuit Judges.
*
This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination
of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
Alexander Ezeah is the registered agent of appellant, Fabrose Company
Nigeria, Ltd., d/b/a Fabross Property Ventures (“Fabross”). On February 18, 2016,
the United States commenced a civil in rem forfeiture action against property
owned by Fabross located at 3347 Chartreuse Way, Houston, Texas. The claim
Fabross filed in the civil forfeiture matter was stricken by the district court when
Fabross failed to comply with an order of the court. Judgment was thereafter
entered in favor of the United States on June 20, 2018.
Both the notice of appeal and the opening brief in this matter were signed
by Ezeah, who is not an attorney. “It has been the law for the better part of two
centuries . . . that a corporation may appear in the federal courts only through
licensed counsel.” Rowland v. Cal. Men’s Colony, 506 U.S. 194, 201-02 (1993).
Because Ezeah cannot represent Fabross in this appeal, it is dismissed.
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
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