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SERNA v. WEBSTER, CV 17-20 JB/WPL. (2017)

Court: District Court, D. New Mexico Number: infdco20170413f03 Visitors: 23
Filed: Apr. 12, 2017
Latest Update: Apr. 12, 2017
Summary: PROPOSED FINIDNGS AND RECOMMENDED DISPOSITION WILLIAM P. LYNCH , Magistrate Judge . Pro se Plaintiff Emma Serna purports to bring numerous claims on behalf of herself and her business, Serna & Associates Construction Co., LLC. Serna has been warned that pro se parties may not bring claims on behalf of or represent other individuals or business entities. ( See Doc. 9 (Rule 83.7 letter directing Serna to retain counsel for Serna & Associates); Doc. 44 (giving Serna an additional 30 days to f
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PROPOSED FINIDNGS AND RECOMMENDED DISPOSITION

Pro se Plaintiff Emma Serna purports to bring numerous claims on behalf of herself and her business, Serna & Associates Construction Co., LLC. Serna has been warned that pro se parties may not bring claims on behalf of or represent other individuals or business entities. (See Doc. 9 (Rule 83.7 letter directing Serna to retain counsel for Serna & Associates); Doc. 44 (giving Serna an additional 30 days to find counsel for Serna & Associates, and reminding her that the business entity must be represented by counsel).) Despite the extremely long period of time Serna has had to retain counsel for Serna & Associates, counsel has not entered an appearance on behalf of Serna & Associates.

District of New Mexico Local Rule 83.7 states that "[a] corporation, partnership or business entity other than a natural person must be represented by an attorney authorized to practice before this Court." In an unpublished decision, the Tenth Circuit explicitly stated that "[n]on-attorney pro se litigants cannot represent other pro se parties." Perry v. Stout, 20 F. App'x 780, 782 (10th Cir. 2001) (unpublished) (citing 28 U.S.C. § 1654). Under both standards, Serna cannot represent Serna & Associates.

Despite being afforded ample opportunity to retain counsel, Serna & Associates remains unrepresented and incompetent to prosecute this action. Accordingly, I recommend that the Court dismiss without prejudice all claims purportedly brought by Serna & Associates and remove Serna & Associates from this case.

THE PARTIES ARE NOTIFIED THAT WITHIN 14 DAYS OF SERVICE of a copy of these Proposed Findings and Recommended Disposition they may file written objections with the Clerk of the District Court pursuant to 28 U.S.C. § 636(b)(1). A party must file any objections with the Clerk of the District Court within the fourteen-day period if that party wants to have appellate review of the Proposed Findings and Recommended Disposition. If no objections are filed, no appellate review will be allowed.

Source:  Leagle

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