A Strong City v. United States District Court for the Southern District of Ohio ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION A STRONG CITY, et al., Plaintiffs, Case No. 2:24-cv-3669 v. District Judge Michael H. Watson Magistrate Judge Kimberly A. Jolson UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO, et al., Defendants. ORDER AND REPORT AND RECOMMENDATION This matter is before the Court on Plaintiffs’ Motion for Leave to Proceed in forma pauperis. (Doc. 1). The motion provides financial information for Plaintiff A Strong City only, which is described as “an Ohio domestic nonprofit charitable corporation.” (Doc. 1 at 1–2). But only natural persons, and not artificial entities, can proceed in forma pauperis. See Rowland v. Cal. Men’s Colony, 506 U.S. 194, 196 (1993). What’s more, while Plaintiff Wenmoth is a natural person who could proceed in forma pauperis, the Motion includes no financial information for him. (Doc. 1 at 1–2). Therefore, the Undersigned RECOMMENDS that the Motion for Leave to Proceed in forma pauperis (Doc. 1) be DENIED. If Plaintiff Wenmoth wishes to proceed in forma pauperis on his own behalf, he is ORDERED to file a revised motion within thirty (30) days of this Order. Otherwise, if this recommendation is adopted, the Undersigned RECOMMENDS that Plaintiff be required to pay the filing fee within seven (7) days of adoption. Further, Plaintiff Wenmoth appears to be attempting to proceed pro se on behalf of Plaintiff A Strong City, although he is not an attorney. (See Doc. 1-1 at 8 (signing the complaint on behalf of both Plaintiffs)). But nonprofit corporations may only appear in federal court through a licensed attorney admitted to practice in this Court. See Moorish Science Temple of Am. v. Mich., No. 14- cv-12166, 2014 WL 2711945, at *1–2 (E.D. Mich. June 16, 2014) (collecting cases). Therefore, the Undersigned GRANTS Plaintiff A Strong City thirty (30) days from the date of this Order to obtain and have counsel appear in this case on its behalf. Failure to do so will result in a recommendation that this case be dismissed as to Plaintiff A Strong City for failure to prosecute. IT IS SO ORDERED. Date: July 31, 2024 /s/Kimberly A. Jolson KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE