Cox v. Server

District Court, D. Montana

Cox v. Server

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION

BRYCE P. COX, Cause No. CV 22-60-H-BMM

Plaintiff,

vs. ORDER

COLLYN SERVER; MONTANA STATE PRISON; JAMES SALMONSEN,

Defendants.

On June 27, 2022, the Court received a complaint and motion to proceed in forma pauperis purportedly submitted by Plaintiff Cox. Faced with several pleadings of similar tenor from Montana State Prison, the Court lacked confidence that Cox personally was aware of and endorsed the submissions. He was required to resubmit the documents with notarized signatures. See Order (Doc. 6). He did not respond. The Court finds that Cox personally does not endorse the documents filed in his name. Only a lawyer admitted to the Bar of this Court may file documents on behalf of another person. See D. Mont. L.R. 83.1(a)(2), 83.8(a). Reasonable jurists would not disagree with this rule. See

28 U.S.C. § 1654

; C.E. Pope Equity Trust v. United States,

818 F.2d 696, 697

(9th Cir. 1987); see also Fed. R. App. P. 24(a)(4)(B).

Accordingly, IT IS ORDERED: 1. This action is DISMISSED. 2. The clerk shall enter, by separate document, a judgment of dismissal. 3. The Court CERTIFIES that any appeal from its disposition would not be taken in good faith. DATED this 29" day of August, 2022.

wg (VY “4 1, 1A IN tt UV Ab f “Kru Brian Morris, Chief District Judge United States District Court

Reference

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