UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

RASHIDAH ALI ,

Plaintiff,

Case No. 09-CV-10213 

vs. HON. GEORGE CARAM STEEH

MICHOLSON CONNOR BOWL, 

Defendant.

_____________________________/

ORDER GRANTING PLAINTIFF'S MOTION TO PROCEED

IN FORMA PAUPERIS (#2), AND DISMISSING CLAIMS PURSUANT TO

28 U.S.C. § 1915(e)(2)(B)(ii)

Plaintiff Rashidah Ali filed a pro se complaint, an "Emergency Motion," and an

application to proceed without prepayment of fees on January 6, 2009. Upon reviewing

Ali's affidavit, the court is persuaded that Ali is unable to pay the fees associated with the

filing of the complaint. Ali's application to proceed without the prepayment of fees, or in

forma pauperis ("IFP"), is hereby GRANTED. See 28 U.S.C. § 1915(a)(1).

Ali alleges in a two-page free-form complaint that "our non-profit organization,"

approved by HUD, is authorized under federal law to assist homeless veterans and

deceased veteran's spouses in acquiring single-family housing. Ali alleges these homeless

individuals are "given keys and lease." Ali alleges the program is designed "to assist

people in transition to get on their feet." Ali continues:

[Defendant] Micholson Bowl a new contractor with HUD has harrassed [sic]

damaged property and without due process ordered all property on U.S.

Housing + Urban property approved for the homeless thrown into dumpster

and dispossed homeless veteran, 2 disabled children and administration.

Although HUD relocation documents were provided to both Chaplan Law

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Firm and Micholson Bowl. Chaplan Law Firm HUD both approved Micholson

+ Bank claims ownership although HUD is the owner wrongfully destroyed

property.

Complaint, at 2. In the accompanying "Emergency Motion," Ali seeks a court order based

on civil rights violations under "Section 443, 444 and 445":

7 men appeared on Jan 7, 2009 without court appearances or warrants . . .

[and] ordered homeless occupants to vacate and damaged property. Tossed

all contents on premises that were contained for survival disgarded [sic]

food, clothing etc. placed them in dumpster ordered everyone to leave in 30

minutes without due process. There were 3 adults that were helping 2

homeless children and 1 veteran to have shelter as regulated by the only

Congressional Legislation to provide single family housing under the Stuart

B. McKinny Act. The 501 C3 non-profit organization had relocation rights.

Now the deaf child, veteran and others have no residence due to the assault

by Micholson C. Bowl, a HUD contractor.

 

Emergency Motion, at 1-2.

Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), this court must dismiss Ali's IFP claims

upon determining that the claims fail to state a claim on which relief may be granted.

McGore v. Wrigglesworth, 114 F.3d 601, 612 (6th Cir. 1997). To state an actionable claim

upon which relief may be granted, the claim's "factual allegations must be enough to raise

a right to relief above the speculative level on the assumption that all of the allegations in

the complaint are true." Ass’n of Cleveland Fire Fighters v. City of Cleveland, 502 F.3d

545, 548 (6th Cir. 2007) (citing Bell Atlantic Corp. v. Twombly, ___ U.S. ___, 127 S. Ct.

1955, 1965 (2007)). 

Ali lacks standing to assert claims on behalf of the homeless individuals evicted from

the HUD property, or on behalf of the non-profit organization. Constitutional claims such

as alleged due process violations are personal to the injured party, and cannot be pursed

by another who lacks legal authority to represent the injured person. Owens v. Voorhies,

No. 3:07 CV 1644, 2007 WL 2381975, *2 (N.D. Ohio Aug. 17, 2007) (citing Shepard v.

Wellman, 313 F.3d 963, 970 (6th Cir. 2003)). "Although 28 U.S.C. § 1654 provides that '[i]n

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all courts of the United States the parties may plead and conduct their own cases

personally or by counsel,' that statute does not permit plaintiffs to appear pro se where

interests other than their own are at stake." Owens, 2007 WL 2381975, at *2 (citing

Iannaccone v. Law, 142 F.3d 553, 558 (2d. Cir. 1998)). Ali's allegations do not raise

beyond speculation that she is making a claim that her own legal interests have been

violated. Ali is not an attorney-at-law. Ali can neither plead and conduct this case for the

alleged homeless individuals, Owens, 2007 WL 2381975, at *2, nor represent the interests

of the unnamed non-profit organization. See United States v. 9.19 Acres of Land, 416 F.2d

1244, 1245 (6th Cir. 1969) (recognizing that corporation can only appear in court through

an attorney-at-law); In re ICLNDS Notes Acquisition, LLC, 259 B.R. 289, 294 (Bkrtcy. N.D.

Ohio 2001) (recognizing that a limited liability company can only appear in court through

an attorney-at-law). 

Upon review of Ali's complaint, the court concludes Ali lacks standing to pursue the

claims as alleged, and thus fails to state a claim on which relief may be granted. Ass’n of

Cleveland Fire Fighters, 502 F.3d at 548 Accordingly, 

Plaintiff Ali's January 6, 2009 complaint and motion for emergency relief are hereby

DISMISSED, without prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

SO ORDERED.

Dated: January 26, 2009

s/George Caram Steeh 

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

January 26, 2009, by electronic and/or ordinary mail.

s/Josephine Chaffee

Deputy Clerk

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