The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DWAYNE JEMON HARRIS ESTATE, )
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Plaintiff, )
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vs. ) Case No. 4:25-cv-00968-MTS
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CITY OF FLORISSANT, et al., )
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Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court on review of the file and on Plaintiff’s Motion to
Proceed in Forma Pauperis. Plaintiff in this matter names itself as the “Dwayne Jemon
Harris Estate.” Purporting to appear on behalf of the “Estate” is “Dwayne Jemon Harris
– Rex El,” a “living, breathing man.” But Dwayne Jemon Harris – Rex El is not an
attorney enrolled to practice before this Court, and it is well settled that “[o]nly a licensed
attorney may represent another party in federal court.” Bader v. Keefe Supply Co., 1:18-
cv-0115-RWS, 2018 WL 3391546, at *2 (E.D. Mo. July 12, 2018). See also E.D. Mo.
L.R. 12.01(A) (providing that “only attorneys enrolled pursuant to the rules of this Court
. . . may file pleadings, appear, or practice in this Court,” though not prohibiting an
“individual from appearing personally on his or her own behalf” (emphasis added)).
Thus, the Court will require that an attorney authorized to practice law in this
Court enter his or her appearance in this matter on behalf of Plaintiff no later than August
07, 2025. See Joubert v. Brown William Tobacco Corp., 2:10-cv-0887-RSM, 2010 WL
11527327, at *2 (W.D. Wash. July 14, 2010) (“Estates may not proceed pro se in federal
court.”); Arnold v. Indiana, No. 22-2750, 2023 WL 4198034, at *2 (7th Cir. June 27,
2023) (explaining that “a non-attorney representative of an estate” appearing in federal
court amounts to “representing another party in litigation without a law license’).
Further, “only a natural person may qualify for treatment in forma pauperis under
[28 U.S.C.] § 1915.” Rowland v. Cal. Men’s Colony, Unit IT Men's Advisory Council,
506 U.S. 194, 196 (1993). Thus, the Court will deny the Estate’s Motion to Proceed in
Forma Pauperis. See In re Est. of Van Putten, 553 F. App’x 328 (4th Cir. 2014) (per
curiam) (denying an estate’s request to proceed in forma pauperis since only a natural
person may do so). No later than August 07, 2025, Plaintiff must pay the full $405 filing
fee in this matter.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs Motion to Proceed in Forma
Pauperis, Doc. [2], is DENIED. Plaintiff must prepay the entire filing fee in this matter
no later than Thursday, August 07, 2025. Failure to do so will result in the dismissal of
this action without prejudice and without further notice.
IT IS FURTHER ORDERED that an attorney authorized to practice law in this
Court must enter his or her appearance in this matter no later than Thursday, August 07,
2025. If none does so, the Court will dismiss this action without prejudice and without
further notice.
Dated this 24th day of July 2025. |)
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UNITED STATES DISTRICT JUDGE
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