Reported / Citable
Background
Henry B. Berrocal, Cycle of Management, LLC, Elegant and Happy, LLC, and Humanity for Wisdom filed this action and moved to proceed in forma pauperis.
The case was referred to Magistrate Judge Henry J. Bemporad for disposition of the IFP motion and screening under 28 U.S.C. § 1915(e)(2). Three of the four named plaintiffs are entities rather than natural persons.
The Court’s Holding
The magistrate judge recommended denying the IFP motion. Under § 1915, artificial entities, including limited liability companies, may not proceed in forma pauperis; only natural persons may qualify.
The recommendation further proposed ordering plaintiffs to pay the filing costs and dismissing the case without prejudice if they fail to do so. It also noted that the entity plaintiffs must be represented by licensed counsel, while Berrocal may represent only himself.
Key Takeaways
- This is a report and recommendation, not a final ruling by the district judge.
- Entity plaintiffs cannot obtain IFP status under 28 U.S.C. § 1915.
- Corporations and other artificial entities must appear through licensed counsel in federal court.
Why It Matters
The recommendation underscores that joining an individual plaintiff who may seek IFP status does not permit LLCs or other entities to avoid filing fees. Parties seeking to litigate on behalf of entities must pay applicable costs and retain counsel.