Case: 13-5101 Document: 26 Page: 1 Filed: 11/19/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
NICHOLE MEDICAL EQUIPMENT & SUPPLY,
INC., AND DOMINIC ROTELLA,
Plaintiffs-Appellants,
v.
UNITED STATES,
Defendant-Appellee.
__________________________
2013-5101
__________________________
Appeal from the United States Court of Federal
Claims in No. 12-CV-0364, Senior Judge Eric G. Brug-
gink.
__________________________
ON MOTION
__________________________
ORDER
Dominic Rotella moves for leave to proceed in forma
pauperis. Counsel for the appellants moves for leave to
withdraw as counsel. The court notes that the other
appellant, Nichole Medical Equipment & Supply, Inc., was
represented by the same counsel and has not paid the
docketing fee.
Case: 13-5101 Document: 26 Page: 2 Filed: 11/19/2013
NICHOLE MEDICAL EQUIPMENT v. US 2
A corporation may not proceed in forma pauperis. See
Rowland v. California Men’s Colony, Unit II Men’s Advisory
Council, 506 U.S. 194 (1993) (holding that “only a natural
person may qualify for treatment in forma pauperis”). The
appellants are jointly responsible for payment of the
docketing fee.
The court grants counsel’s motion. However, we note
that a corporation must be represented by counsel to
proceed in this court. See 28 U.S.C. § 1654; Fed. Cir. R.
47.3; Richdel, Inc. v. Sunspool Corp., 699 F.2d 1366 (Fed.
Cir. 1983); see also Rowland, 506 U.S. at 201-02 (1993) ("It
has been the law for the better part of two centuries . . .
that a corporation may appear in the federal courts only
through licensed counsel."). This requirement may not be
waived. New counsel for Nichole Medical Equipment &
Supply must enter an appearance on behalf of the
corporation.
Thus, if Nichole Medical Equipment & Supply, Inc.
intends to proceed with this appeal, it must obtain new
counsel and the docketing fee must be paid within 30 days.
Accordingly,
IT IS ORDERED THAT:
(1) The motion for leave to withdraw as counsel is
granted.
(2) Rotella's motion to proceed in forma pauperis is
held in abeyance, pending Nichole's notification within 30
days that it has obtained counsel and paid the docketing
fee.
(2) If Nichole does not obtain counsel and pay the
docketing fee within 30 days, the caption will be amended
to strike its status as appellant and Rotella's motion for
leave to proceed in forma pauperis will be considered.
Case: 13-5101 Document: 26 Page: 3 Filed: 11/19/2013
3 NICHOLE MEDICAL EQUIPMENT V. US
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
s8