Daddy's House Records, Inc. v. Bad Boy Entertainment Holding, Inc.

Background

Robert W. Johnson brought the action on behalf of Daddy’s House Records, Inc. He signed the complaint in a way that appeared to indicate he was an attorney and used “Esq.” with his name, along with a bar number. The court stated that no attorney named Robert W. Johnson with that bar number was admitted to the court or to the bars of the states in the Second Circuit. Johnson also filed an application to proceed without paying court fees that appeared to describe his own financial situation rather than the corporation’s.

Representation of the Corporation

The court found that Johnson had not provided enough information to show that he was an attorney and appeared to be a person representing himself. A person representing himself cannot assert claims on behalf of a corporation. The court therefore dismissed without prejudice any claims Johnson asserted on behalf of Daddy’s House. “Without prejudice” means the dismissal did not itself bar refiling those claims, although the opinion does not describe any future filing’s possible requirements.

Prior Filing Restriction

The court also relied on an earlier order dated July 10, 2020, which barred Johnson from filing future civil actions in that court without paying fees unless he first obtained permission from the court. Johnson filed this new action without paying fees and had not sought that required permission. The court additionally dismissed without prejudice this action because Johnson failed to comply with that earlier order.

Disposition

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. It directed the clerk to enter a judgment dismissing the action for the reasons stated in the order. The opinion does not reach the underlying claims against the defendants.