Nero v. Lesher

• Court: District Court, D. Arizona
• Decided: July 25, 2025
• Docket: 4:25-cv-00413
• Status: Unknown

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Chris Magis Nero, No. CV-25-00413-TUC-RM

10 Plaintiff, ORDER TO SHOW CAUSE

11 v.

12 Jan Lesher, et al.,

13 Defendants. 14 15 Plaintiff Chris Magis Nero, who is proceeding pro se, initiated this action on July 16 22, 2025, by filing a Complaint (Doc. 1), a Motion for Temporary Restraining Order 17 (“TRO”) (Doc. 2), and paying the filing fees (Doc. 3). Based on the Court’s preliminary 18 review, it appears that Plaintiff, who is not an attorney, is attempting to bring this action 19 on behalf of another individual, which is not permitted under 28 U.S.C. § 1654. 20 Additionally, the Court has concerns regarding its jurisdiction over this matter. 21 “It is well established that the privilege to represent oneself pro se provided by § 22 1654 is personal to the litigant and does not extend to other parties or entities.” Simon v. 23 Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008); 28 U.S.C. § 1654 (“parties may 24 plead and conduct their own cases personally or by counsel”) (emphasis added). Thus, a 25 non-attorney “has no authority to appear as an attorney for others than himself.” C.E. Pope 26 Eq. Tr. v. United States., 818 F.2d 696, 697 (9th Cir. 1987). 27 Here, Plaintiff does not claim to be an attorney. (Docs. 1, 2.) The Complaint begins: 28 1 “Comes now, Jason Elaurza1, by next friend and living witness Chris Magis Nero, a Private 2 Attorney General under Article IV authority, to bring this Verified Complaint.” (Doc. 1 at 3 1.)2 It further alleges that “Plaintiff Jason Elaurza is a lawful tenant in possession of real 4 property,” but is “under coercive threat and psychological duress resulting from 5 coordinated actions to unlawfully remove him.” (Id.) The TRO similarly begins: “Plaintiff 6 Jason Elaurza, by next friend and Private Attorney General Chris Magis Nero, respectfully 7 moves this Court to issue a Temporary Restraining Order prohibiting Defendants and their 8 agents from further contact, coercion, or attempted removal of Plaintiff from the property.” 9 (Doc. 2 at 1.) The TRO includes a declaration in which Plaintiff states, “I am a Private 10 Attorney General operating under Article IV and 42 U.S.C. § 1988, and I serve as next 11 friend to Jason Elaurza, who is under coercive threat and psychological duress related to 12 his tenancy.” (Id. at 4.) Plaintiff claims that he has “firsthand knowledge of the events 13 giving rise to this federal civil rights action.” (Id.) 14 Plaintiff’s filings do not establish that he may litigate on another’s behalf. Article 15 IV of the Constitution, which governs relations among States, and 42 U.S.C. § 1988, which 16 merely authorizes attorney-fee awards in civil rights cases, do not grant a right to practice 17 law. Nor does Plaintiff’s claim that he is “private attorney general” with firsthand 18 knowledge of the events. Plaintiff also provides no facts demonstrating that Elaurza is 19 unable to sue for himself or that Plaintiff has the significant relationship with Elaurza 20 necessary for next friend standing. See Massie ex rel. Kroll v. Woodford, 244 F.3d 1192, 21 1194 (9th Cir. 2001) (next‑friend standing requires a showing that the real party cannot 22 litigate independently due to mental incapacity or lack of access to the court, and that the 23 next friend has a significant relationship with the real party).3 Because Plaintiff is not an 24 attorney, it does not appear that he can pursue claims on Elaurza’s behalf. 25 To any extent Plaintiff seeks to vindicate his own rights, Plaintiff appears to lack

26 1 Plaintiff writes this name two different ways: “Elaurza” and “Eluarza.” (Doc. 1 at 1.) 2 The Complaint also states that Jason Elaurza is representing himself without a lawyer. 27 (Doc. 2 at 1.) 3 Plaintiff also attached to the TRO a “Declaration of Jason Elaurza,” in which Elaurza 28 complains of orders issued in his state court eviction case. (Doc. 2 at 5.) However, Elaurza does not provide an explanation for why Plaintiff must bring this lawsuit on his behalf. 1 Article III standing. To establish standing under Article III of the Constitution, a plaintiff 2 must have “suffered an injury in fact,” that “affect[s] the plaintiff in a personal and 3 individual way.” Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992). The filings allege 4 no personal injury to Plaintiff. 5 Additionally, it is unclear whether this Court has subject matter jurisdiction. The 6 Court has federal question jurisdiction over “all civil actions arising under the Constitution, 7 laws, or treaties of the United States.” 28 U.S.C. § 1331. It has diversity jurisdiction over 8 a civil action “where the matter in controversy exceeds the sum or value of $75,000, 9 exclusive of interests and costs, and is between . . . citizens of different States[.]” 28 U.S.C. 10 § 1332(a). Here, the Complaint offers only conclusory references to 42 U.S.C. §§ 1983 11 and 1985, and provides no facts regarding diversity citizenship. See Caterpillar Inc. v. 12 Williams, 482 U.S. 386, 392 (1987) (federal question jurisdiction “exists only when a 13 federal question is presented on the face of the plaintiff’s properly pleaded complaint”).4 14 “Federal courts are always under an independent obligation to examine their own 15 jurisdiction, and a federal court may not entertain an action over which it has no 16 jurisdiction.” Hernandez v. Campbell, 204 F.3d 861, 865 (9th Cir. 2000) (internal citation 17 and quotation marks omitted). “If the court determines at any time that it lacks subject 18 matter jurisdiction, the court must dismiss the action.” Fed. R. Civ. P. 12(h)(3). It is 19 unclear whether Plaintiff can pursue this action as a non-attorney and whether the Court 20 has jurisdiction. Therefore, the Court will order Plaintiff to show cause as outlined below. 21 If Plaintiff fails to respond to this Order to Show Cause—or if Plaintiff’s response fails to 22 establish that this Court has jurisdiction and that Plaintiff has authority to litigate on 23 Elaurza’s behalf—this action may be dismissed. 24 . . . . 25 4 Plaintiff captioned his Complaint, “Verified Civil Rights Complaint Under 42 U.S.C. §§ 26 1983, 1985, and Article IV.” (Doc. 1 at 1.) However, Plaintiff only mentions one statute, § 1985, in his Complaint. (Id.) Section 1985 prohibits conspiracies interfering with civil 27 rights. See 42 U.S.C. § 1985. Plaintiff’s only allegations regarding § 1985 are as follows: “[a] recorded call exists where Defendants discussed bypassing legal eviction procedures 28 to coerce Plaintiff’s departure. This constitutes color of law violation and conspiracy under 42 U.S.C. § 1985.” (Doc. 1 at 1.) 1 IT IS ORDERED that, within fourteen (14) days of the date this Order is filed, 2|| Plaintiff Chris Magis Nero must file a response to this Order showing cause as to (1) why he can litigate this action as a non-attorney on behalf of Elaurza, and (2) why this Court || has jurisdiction over his Complaint and Motion for Temporary Restraining Order. The 5 || response to this Order to Show Cause shall not exceed five (5) pages in length, including 6 || any supporting documents or attachments. 7 Dated this 25th day of July, 2025. 8 9 10 —, Dl Lvajcn,) ll MNYAC Honorable Rostsiary □□□□□□□ 12 United States District □□□□□ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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