Menifee v. State Of Texas

District Court, S.D. Texas

Menifee v. State Of Texas

Trial Court Opinion

UNITED STATES DISTRICT COURT May 12, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

DR. LAKEISHA MENIFEE, et al., § § Plaintiffs, § § v. § CIVIL ACTION NO. 4:24-cv-2804 § STATE OF TEXAS, et al., § § Defendants. §

MEMORANDUM AND RECOMMENDATION

On April 9, 2025, this Court issued a Memorandum and Recommendation, recommending Plaintiff Dr. Lakeisha Menifee’s (“Menifee”) claims be dismissed with prejudice. (ECF No. 54). The Court also held the “Amended Complaint (ECF No. 28) filed on behalf of each Plaintiff is stricken solely as to the Amended Complaint (id.) of Rocketlady Unlimited Enterprises, LLC, Abundance Energy Consortium, Rocketlady Unlimited, LLC and 3078587949, and Stem Up 501 C3 32053431832.” (ECF No. 54 at 1 n.1). The Court granted Plaintiffs Rocketlady Unlimited Enterprises, LLC, Abundance Energy Consortium, Rocketlady Unlimited, LLC and 3078587949, and Stem Up 501 C3 32053431832 thirty (30) days to obtain counsel in order to proceed in this case because a pro se litigant, Menifee, cannot represent another legal entity such as a corporation or partnership. (Id.); see Travis v. Hall Tires & Collection, LLC, No. 3:23-cv-209,

2023 WL 6055499

, at *1 (N.D. Miss. Sept. 15, 2023). To date, Plaintiffs Rocketlady Unlimited Enterprises, LLC, Abundance Energy Consortium, Rocketlady Unlimited, LLC and 38078587949, and Stem Up 501 C3 32053431832 have not provided the Court with proof that counsel has been obtained. Accordingly, the Court RECOMMENDS the case be DISMISSED WITHOUT PREJUDICE as to Rocketlady Unlimited Enterprises, LLC, Abundance Energy Consortium, Rocketlady Unlimited, LLC and 3078587949, and Stem Up 501 C3 32053431832. See Seilheimer v. Soundview Home Loan Tr. 2006-OPT2, No. 3:22-cv-0681,

2022 WL 17167952

, at *3 (N.D. Tex. Oct. 3, 2022), report and recommendation adopted, No. 3:22-cv-0681,

2022 WL 17168361

(N.D. Tex. Nov. 21, 2022). The Clerk shall send copies of this Memorandum and Recommendation to the respective parties who have fourteen days from the receipt thereof to file written objections thereto pursuant to Federal Rule of Civil Procedure 72(b) and General Order 2002-13. Failure to file written objections within the time period mentioned shall bar an aggrieved party from attacking the factual findings and legal conclusions on appeal. SIGNED in Houston, Texas on May 12, 2025. Ybet Ww bix— Richard W. Bennett United States Magistrate Judge

Reference

Status
Unknown