United States District Court, S.D. Indiana, Indianapolis Division
ANTHONY GODFREY, JP MORGAN CHASE BANK, N.A., CHASE BANK USA, N.A., and CURTIS GODFREY, Plaintiffs,
BANK OF NEW YORK MELLON, as trustee for the certificate of holders of CWMBS, Inc., the alternative loan trust 2003-22CB mortgage pass-through certificates, series 2003-59, f/k/a BANK OF NEW YORK, Defendant.
COMPLAINT, DISMISSING PLAINTIFFS, AND DIRECTING PLAINTIFF TO SHOW CAUSE
JANE MAGNUS-STINSON, District Judge.
The plaintiff's motion to proceed in forma pauperis [dkt. 2] is granted to the extent that the motion is filed on behalf of Curtis Godfrey. As explained further below, Mr. Curtis Godfrey is the only proper plaintiff, and no other purported plaintiff has sought permission to proceed in forma pauperis.
The complaint is now subject to the screening requirement of 28 U.S.C. § 1915(e)(2)(B). This statute requires the Court to dismiss a complaint or claim within a complaint if it is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such relief.
A. Non-Attorney Plaintiff
The first matter presented by the complaint is the fact that it is only signed by Curtis Godfrey. Curtis Godfrey does not allege that he is an attorney, and a non-attorney may not represent others in district court. See Georgakis v. Illinois State University, 722 F.3d 1075, 1077 (7th Cir. 2013) ("A nonlawyer can't handle a case on behalf of anyone except himself."); Lewis v. Lenc-Smith Mfg. Co., 784 F.2d 829, 830 (7th Cir. 1986) ("[I]t is clear than an individual may appear in the federal courts only pro se or through counsel."); Bronk v. Utschig, No. 12-cv-832-WMC, 2012 WL 6586485 (W.D.Wis. Dec. 17, 2012) ("The right to litigate pro se is personal to each individual and does not grant authority to prosecute an action in federal court on behalf of others. In other words, a party can represent himself or be represented by an attorney, but cannot be represented by a nonlawyer in federal court."); 28 U.S.C. § 1654.
Accordingly, any claims thought to be asserted by Anthony Godfrey, N.A. Chase Bank USA, and JP Morgan Chase Bank, N.A. are dismissed and Anthony Godfrey, N.A. Chase Bank USA, and JP Morgan Chase Bank, N.A. shall be terminated as plaintiffs on the docket.
Mr. Godfrey brings this civil rights action pursuant to 42 U.S.C. § 1983. Mr. Godfrey alleges that the defendant Bank of New York Mellon violated his rights protected by the First, Fourth, Fifth, Sixth, Eighth, Ninth, and Fourteenth Amendments to the United States Constitution. He also lists a string of other federal statutes in an effort to allege jurisdiction. Dkt. 1, Complaint, pp. 2-3.
The complaint alleges that a letter was delivered to 3127 E. 38thStreet, Indianapolis, Indiana ("the Property") days before a sheriff foreclosure sale that was scheduled on August 11, 2014. Curtis Godfrey, as the "tenant in common, " opened the letter. The letter was his first notice of a foreclosure and sheriff sale. It was discovered that a default had been entered in Marion County Superior Court #11 on August 5, 2013, which granted a decree of foreclosure and appointment of an auctioneer for the Property.
The complaint alleges in the prayer for relief that the Property was not called for sale according to the bank minimum bid that was posted at the auction site. It further alleges that Curtis Godfrey had a bank loan prior approval and buyer for the sale and had intended to purchase the Property at the location provided on the notice regarding the sheriff sale August 11, 2014.
Curtis Godfrey requests that this Court vacate the foreclosure sale as an unjust action, void all sales, and allow him to purchase the Property ...