Collins Charo Capital LLC v. Yellen

United States District Court for the Eastern District of California

Collins Charo Capital LLC v. Yellen

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 COLLINS CHARO CAPITAL LLC, ) Case No.: 1:24-cv-01321 JLT SAB ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE 14 JANET LOUISE YELLEN, et al., ) THIS CASE ) 15 Defendants. ) (Doc. 3) ) 16

17 On October 28, 2024, a complaint was filed naming Collins Charo Capital LLC as the pro se 18 Plaintiff. (Doc. 1.) The complaint also indicates the “printed name” of the plaintiff is “Collins Charo 19 Capital, LLC.” (Id. at 6.) Several “Civil Cover Sheets” attached to the complaint indicate the 20 unidentified signatory is “UCC 1-308” and a “[p]arty without attorney.” (Doc. 1-1 at 1-3.) The filing 21 fee was paid in full by Mel Nagashima. 22 The magistrate judge observed, “It is a long-standing rule that corporations and other 23 unincorporated associations must appear in court through an attorney.” (Doc. 3 at 1, quoting D-Beam 24 Ltd. P’ship v. Roller Derby Skates, Inc.,

366 F.3d 972

, 973–74 (9th Cir. 2004) (quotation marks and 25 citation omitted).) The magistrate judge found “no indication the individual who completed and signed 26 the complaint is a licensed attorney.” (Id. at 2.) Because Collins Carol Capital LLC cannot proceed as 27 a pro se plaintiff, the magistrate judge recommended the action be dismissed without prejudice. (Id.) 28 The Court served these Findings and Recommendations on the unrepresented entity and indicated any eee ON OIE IIISSD EEE IIE OIE IE ED

1 || objections must be filed within 30 days. (d.) 2 On November 25, 2024, the Court received several documents from Marvin C. Collins', 3 || mcluding a “Common Law Copyright Notice for Marvin C. Collins” and a copy of the Findings and 4 || Recommendations with handwritten notations. (See generally Doc. 4.) To the extent the “Copyright 5 || Notice” and attached documents are a response to the Findings and Recommendations, the assertions 6 || therein appear irrelevant. The documents do not mention the plaintiff, Collins Charo Capital LLC, o1 7 || otherwise address the requirement that the entity must appear in court with licensed counsel. Further 8 || the entity remains unrepresented because a notice of attorney was not filed in this action. 9 According to

28 U.S.C. § 636

(b)(1), this Court performed a de novo review of this case. 10 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are 11 || supported by the record and proper analysis. Thus, the Court ORDERS: 12 1. The Findings and Recommendations dated October 30, 2024 (Doc. 3) are ADOPTED in full. 13 2. This action, commenced by an unrepresented entity, is DISMISSED without prejudice. 14 3. The Clerk of Court is directed to close this case. 15 16 || IT IS SO ORDERED. '7 ll Dated: _December 22, 2024 18 TED STATES DISTRICT JUDGE 19 20 21 22 23 24 AAA ' The Court takes judicial notice of the records of the California State Bar and Wyoming State Bar—because 25 || the mailing address of Collins Charo Capital LLC is in Wyoming—as the state bar websites are sources whose accuracy cannot reasonably be questioned. See Fed. R. Evid. 201(b); Davis v. Hollins Law, 25 F.Supp.3d □□□□ 26 |] 1298 n. 5 (2014) (indicating the court may take judicial notice of the state bar’s website). No individual name “Marvin Collins” is admitted to practice in the State of California or in this district court. In addition, no 27 || individual named “Marvin Collins” is a member of the Wyoming State Bar. (Wyoming State Bar Membership Directory, available at https://www.wyomingbar.org/for-the-public/hire-a-lawyer/membership-directory/ (last 28 || visited Dec. 4, 2024).)

Reference

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