Christy McGowan v. Earl Boek ( 2010 )

FILED
NOT FOR PUBLICATION NOV 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CHRISTY McGOWAN, No. 09-16490
Plaintiff - Appellant, D.C. No. 2:07-cv-01756-JWS
v.
MEMORANDUM *
EARL ALLEN BOEK, individually and
partner; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Arizona
John W. Sedwick,** District Judge, Presiding
Submitted October 19, 2010 ***
Before: O’SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges.
Christy McGowan appeals pro se from the district court’s judgment
dismissing without prejudice her action alleging claims as the purported trustee for
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable John W. Sedwick, United States District Judge for the
District of Alaska, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Wasasa Enterprises, an Arizona joint stock company. We have jurisdiction under
28 U.S.C. § 1291. We review de novo, Johns v. County of San Diego, 114 F.3d
874, 876 (9th Cir. 1997), and we affirm.
The district court properly dismissed the action because McGowan, who is
not a licensed attorney, may not pursue the action on behalf of Wasasa Enterprises.
See 28 U.S.C. § 1654; Licht v. Am. W. Airlines (In re Am. W. Airlines), 40 F.3d
1058, 1059 (9th Cir. 1994) (per curiam) (“Corporations and other unincorporated
associations must appear in court through an attorney.”); United States v. High
Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam) (in an action
against a corporation that had not retained counsel, the corporation’s president and
sole shareholder could not intervene pro se because it would circumvent the
requirement that the corporation be represented by counsel).
McGowan’s subrogation argument is unpersuasive.
AFFIRMED.
2 09-16490