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Ross v. Jenkins, 17-2547-DDC-TJJ (2019)

Court: District Court, D. Kansas Number: infdco20190730906 Visitors: 6
Filed: Jul. 24, 2019
Latest Update: Jul. 24, 2019
Summary: MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . The Clerk of the Court duly has provided the court with three documents submitted by a movant named Rodney Dale Class. One appears to be an entry of appearance in the case Ross v. The Promise Keepers, Inc., No. 2:19-CV-2091-DDC-TJJ (D. Kan. Feb. 15, 2019). The second document purports to commission Mr. Class as a "Private Attorney General," "Qualified Criminal Investigator," "Federal Witness," and "Bounty Hunter." And, the third
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MEMORANDUM AND ORDER

The Clerk of the Court duly has provided the court with three documents submitted by a movant named Rodney Dale Class. One appears to be an entry of appearance in the case Ross v. The Promise Keepers, Inc., No. 2:19-CV-2091-DDC-TJJ (D. Kan. Feb. 15, 2019). The second document purports to commission Mr. Class as a "Private Attorney General," "Qualified Criminal Investigator," "Federal Witness," and "Bounty Hunter." And, the third document is a copy of Federal Rule of Appellate Procedure 45, printed from an online source. All three submissions are attached as Exhibits 1, 2, and 3 to this Order.

The court construes Mr. Class's submissions as attempting to enter his appearance as counsel for defendants The Promise Keepers and The Value Creators. See Ex. 1 at 3 ("Whereas the Promise Keepers and Value Creators are a class of people without Counsel . . . I class, Rodney-Dale enter my appearance for case #. . . 19-CV-02091-DDC-TJJ . . . ."). But, these defendants are business organizations—specifically, corporations and limited liability companies. And generally, in federal court, only an attorney admitted as a member of this court's bar may represent a business organization. Harrison v. Wahatoyas, L.L.C., 253 F.3d 552, 556 (10th Cir. 2001) (citing Flora Constr. Co. v. Fireman's Fund Ins. Co., 307 F.2d 413, 414 (10th Cir. 1962) ("The rule is well established that a corporation can appear in a court of record only by an attorney at law.")); Tal v. Hogan, 453 F.3d 1244, 1254 n.8 (10th Cir. 2006) (collecting cases). Mr. Class isn't admitted to practice before our court. Accordingly, he cannot enter his appearance for the business organizations who are defendants in this case. If defendants wish to seek representation, they must select a properly admitted member of this court's bar. See Perry v. Stout, No. 00-2411, 2001 WL 1158997, at *1 (10th Cir. Sept. 28, 2001) (citing 28 U.S.C. § 1654 ("parties may plead and conduct their own cases personally or by counsel")).

The court attaches these documents to this Order but directs the Clerk not to file them individually as docketed entries in the CM/ECF record of this case.

IT IS THEREFORE ORDERED BY THE COURT THAT the Clerk of the Court is directed not to file the attached documents from Rodney Dale Class as part of the docket in this case.

IT IS FURTHER ORDERED BY THE COURT THAT the Clerk of the Court is directed to mail a copy of this Order to Rodney Dale Class at the address he has provided in Exhibit 1.

IT IS SO ORDERED.

EXHIBIT 1

District courts of the United States For the District of Kansas Kansas City Division

KENDRA ROSS WARD of Attorney Chadwick, Gillian Wards Guardian VS CASE #17-CV02547-DDS-TJJ Royall Jenkins Defendants/Judgment KENDRA ROSS WARD of Attorney Chadwick, Gillian Wards Guardian Vs CASE #19-CV-02091-DDC-TJJ Promise Keepers, Inc Ephraim last name woods

Enter my appearance on case # CASE # 19-CV-02091-DDC-TJJ by the Authority and Power Invested in me by the united States Congress and Senate and the united State supreme Court and under Enabling Rule Act F.C.R.P. rule 17 section (G) a party authorized by statute.

Whereas Ephraim "Last name woods" and members of the Promise Keepers and The Value Creators lack ability to pay for a lawyer as they are;

1.) A non-profit Inc. And

2.) Due to the black listing and prejudiced public comments BY the opposed counsel Attorney Chadwick, Gillian and her occult partners and the slander and defamation of these organizations and its members it has become impossible to hire such a law firm.

3.) Whereas I class, Rodney-Dale hold the position of Private Attorney General and learned in the law as all United States Attorneys under the United States Attorney Manual by the authority of the united State Congress under Congressional legislation and by act of Congress and by Authority invested by the Enabling Rule Act for the FCRP under rule 17 SECTION (G) a party authorized by statute I class, Rodney-Dale enter my Appearance as sixth Amendment counsel as per the Amendments to the Federal Constitution.

Congressional Act of district Court and United States Attorney

The Judiciary Act of 1789, officially titled "An Act to Establish the Judicial Courts of the United States," was signed into law by President George Washington on September 24, 1789. Article III of the Constitution established a Supreme Court, but left to Congress the authority to create lower federal courts as needed. Principally authored by Senator Oliver Ellsworth of Connecticut, the Judiciary Act of 1789 established the structure and jurisdiction of the federal court system and created the position of attorney general. Although amended throughout the years by Congress, the basic outline of the federal court system established by the First Congress remains largely intact today.

4.) Whereas I have Congressional Act Standing and supreme Court standing as a Private Attorney General to act for a class of people however, Attorney Chadwick, Gillian and her occult partners have no Congress legislative enactment to come before this district court as identified in 36 U.S.C. Chapter 705.

4 a) Title 36 U.S. Code CHAPTER 705—THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION they lack standing to operate before this district court in the manner that they are.

History of Bar Association non Congressional non legislative but self created

These events laid the foundation for the establishment of the Boston Bar Association almost 400 years later, in 1761. The Bar is the oldest reported legal association in the United States. It originally drew together some of the first lawyers in the colonies.

Recorded history of the bar in Florida dates from 1889. It consisted of a small voluntary group of lawyers when the state's population was less than 400,000. Out of this grew the Florida State Bar Association in 1907.

About New York State Association:

The New York State Bar Association is the largest voluntary state bar association in the nation. Since 1876, the Association has helped shape the development of law, educated and informed the legal profession and the public, and championed the rights of New Yorkers through advocacy and guidance in our communities.

5.) I, class, Rodney-Dale will also point to Article III of the Federal Constitution that there was no Constitutional provision granted to the supreme Court giving such authority to create any private association nor does the Amendment to the Constitution grant any such authority.

6.) Title 36 USC Chapter 705 is the charter and it is restricted to how any Federal Bar member can interact with the courts.

7.) Whereas, as a Federal judge under you Oath per 28 USC 453 and per your Canon Rules of Conduct you are required to comply with Congressional legislation.

a.) Attorney Chadwick, Gillian and her occult partners are required to show by what Congressional authority they are operating within the district Court as defined in 28 USC 610 Court defined; As used in this chapter the word "courts" includes the courts of appeals and district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Federal Claims, and the Court of International Trade. "When they are not authorized by any Congressional legislation" b.) Attorney Chadwick, Gillian and her occult partners are required to show why My Appointment to practice law by Congressional Act in the same matter as the courts under 28 USC 610 were created is in conflict with my right to act as sixth amendment counsel.

8.) Whereas the Promise Keepers and Value Creators are a class of people without Counsel are under the 14 amendment protection of due process I class, Rodney-Dale enter my appearance for case # CASE # 19-CV-02091-DDC-TJJ by Congressional mandate and the enabling Rule Act as per 28 USC 2072

28 Title 28. JUDICIARY AND JUDICIAL PROCEDURE Part V. PROCEDURE Chapter 131. RULES OF COURTS Section 2072. Rules of procedure and evidence; power to prescribe

a.) The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrate judges thereof) and courts of appeals. b.) Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. c.) Such rules may define when a ruling of a district court is final for the purposes of appeal under section 1291 of this title.

9.) As one can see the Rules created has given no authority to create a private association but only prescribe rules, and not who can practice and who cannot practice.

10) There by my Entry of Appearance is by Congress authority by Act of Legislation to refuse is to denial the district court legislative creation, there by this court well half to dismiss it self and all claim on grounds of no jurisdiction.

Date 4/30/19 class, Rodney-Dale Private Attorney General 139 A Kammerer Drive Waynesville, North Carolina 28785

Certificate of service

On behalf of the Promise Keepers and Value Creators Enter My Appearance before this district Court on case# CASE# 19-CV-02091-DDC-TJJ to be filed in the clerk of court without question in the year 2019 and Month of April on this day of the 30th.

EXHIBIT 2

EXHIBIT 3

Source:  Leagle

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