United States District Court, Northern District of Illinois, E.D
December 19, 1983
THE FIRST AMENDMENT FOUNDATION, PLAINTIFF,
THE VILLAGE OF BROOKFIELD, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Getzendanner, District Judge:
MEMORANDUM OPINION AND ORDER
On its own motion, the court dismisses this action without
prejudice under 28 U.S.C. § 1654. Paragraph 2 of the Complaint
in this case states in part:
Plaintiff, THE FIRST AMENDMENT FOUNDATION is a
Partnership of Pro Se Litigants who are citizens
of the United States of America and Canada. The
First Amendment Foundation is located in Rainy
River, Ontario, Canada. Shelly Weisberg is a
Partner in the First Amendment Foundation and
will appear in Court as a Pro Socio.
28 U.S.C. § 1654 provides:
In all courts of the United States the parties
may plead and conduct their own cases personally
or by counsel as, by the rules of such courts,
respectively, are permitted to manage and conduct
Corporations must be represented in court by attorneys
admitted to practice, and may not appear through an officer or
other lay representative. Strong Delivery Ministry Association
v. Board of Appeals, 543 F.2d 32
(7th Cir. 1976). The same rule
applies to partnerships and other unincorporated organizations.
Move Organization v. United States Department of Justice,
555 F. Supp. 684, 692-93 (E.D.Pa. 1983); Turner v. American Bar
Association, 407 F. Supp. 451, 476 (N.D.Tex., W.D.Pa., N.D.Ind.,
D.Minn., S.D.Ala., W.D.Wis. 1975), aff'd sub nom. Pilla v.
American Bar Association, 542 F.2d 56
(8th Cir. 1976). But see
United States v. Reeves, 431 F.2d 1187
(9th Cir. 1970).
Mr. Weisberg is not a member of the bar of this court, and
it is the court's understanding that he is not an attorney.
His appearance on behalf of plaintiff therefore is improper.
The order of December 16, 1983, granting plaintiff leave to
file an amended complaint, is vacated. The papers
filed on plaintiff's behalf are stricken, and the case is
dismissed without prejudice.
It is so ordered.
© 1992-2003 VersusLaw Inc.