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Karima K. Ali; Brawley Insurance v. Integrated Benefits Administrators

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 23, 2011

KARIMA K. ALI; BRAWLEY INSURANCE
SERVICES, INC.,
PLAINTIFFS,
v.
INTEGRATED BENEFITS ADMINISTRATORS, INC., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING PLAINTIFF KARIMA ALI'S MOTION TO PROCEED IN FORMA PAUPERIS AND DIRECTING KARIMA ALI TO FILE NEW IFP APPLICATION (Doc. 2)

By a motion filed November 14, 2011, Plaintiff Karima Ali sought to proceed in forma pauperis. Ms. Ali submitted an incomplete declaration that is not sufficient to make the showing required by 28 U.S.C. § 1915(a). First, Ms. Ali's application indicates that she is unemployed; has received no income of any kind within the last twelve months; has no cash, checking or savings account; has no property of value; and must support her husband, Hussein O. Ali. Her application is incomplete in that she failed to include the information requested at question 2b. regarding her former employment. In addition, the Court finds Plaintiff's claims that she supports herself and her husband without savings, assets, income, or support from any other source to strain credibility. If she elects to revise her application to proceed in forma pauperis, as this order permits her to do, she is directed to include a brief statement explaining how her family survives in view of her extraordinary poverty.

The Court's second concern is ambiguity regarding Ms. Ali's intent to include Plaintiff Brawley Insurance Services, Inc., as part of her application to proceed in forma pauperis. A corporation is not considered to be a person entitled to proceed in forma pauperis under 28 U.S.C. § 1915. Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 212 (1993). Accordingly, even if Ms. Ali is eligible to proceed in forma pauperis, Brawley Insurance Services will need to pay the filing fee.

In addition, a "corporation may appear in the federal courts only through licensed counsel." Id. at 202. See also Local Rule 83-183 (providing that a corporation or other entity may appear only by an attorney). A president or shareholder may not represent a corporation in court but must retain appropriate licensed counsel. United States v. High Country Broadcasting Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993), cert. denied, 513 U.S. 826 (1994). To proceed in this matter, Brawley Insurance Services must retain an attorney.

Accordingly, the Court DENIES Ms. Ali's motion to proceed in forma pauperis. Ms. Ali may submit a new application to proceed in forma pauperis in accordance with this order within thirty days. If the Clerk does not receive either a revised in forma pauperis application nor the filing fee within thirty days of this order, this case will be dismissed without prejudice for failure to prosecute.

IT IS SO ORDERED.

icido3

20111123

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