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Reynolds v. Cable

United States District Court, Eighth Circuit

August 1, 2013

HAROLD REYNOLDS, COMMUNITY TELECAST, INC., Plaintiffs,
v.
COX CABLE, COX COMMUNICATIONS, JOHN DOES 1-10, Defendants.

ORDER

LYLE E. STROM, Senior District Judge.

This matter is before the Court after the motion of Timothy L. Ashford to withdraw as counsel (Filing No. 12), and plaintiff Harold Reynolds' response to show cause order (Filing No. 9), together with his affidavit (Filing No. 10). The Court notes no substitute counsel has yet appeared for plaintiffs.

Parties who are not natural persons may not appear pro se. Rowland v. California Men's Colony, 506 U.S. 194, 203 (1993). Moreover, courts "have uniformly held that 28 U.S.C. ยง 1654, providing that parties may plead and conduct their own cases personally or by counsel, ' does not allow corporations, partnerships, or associations to appear in federal court otherwise than through a licensed attorney." Id. at 202. Therefore, plaintiff Community Telecast, Inc., will be dismissed from this action for failure to prosecute.

Upon review of plaintiff Harold Reynolds' motion, the Court finds that plaintiff is financially eligible to proceed in forma pauperis. Accordingly,

IT IS ORDERED:

1) The motion of Timothy L. Ashford to withdraw as counsel is granted. Plaintiff Harold Reynolds shall have until August 16, 2013, to advise the Court whether he intends to obtain counsel or whether he intends to proceed pro se.

2) Plaintiff Community Telecast, Inc., is dismissed without prejudice for failure to obtain counsel.

3) Plaintiff Harold Reynolds is provisionally granted leave to proceed in forma pauperis, and the complaint shall be filed without payment of fees.


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