Tarik Atum Re El v. Lake Circuit Court (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: April 11, 2018
• Docket: 17A-MI-3029
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Apr 11 2018, 9:30 am regarded as precedent or cited before any court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court

estoppel, or the law of the case.

APPELLANT PRO SE Tarik Atum Re El Stone Mountain, Georgia

IN THE COURT OF APPEALS OF INDIANA

Tarik Atum Re El, April 11, 2018 Appellant-Petitioner, Court of Appeals Case No. 17A-MI-3029 v. Appeal from the Lake Circuit Court Lake Circuit Court, The Honorable Marissa J. Appellee-Respondent McDermott, Judge Trial Court Cause No. 45C01-1711-MI-327

Baker, Judge.

Court of Appeals of Indiana | Memorandum Decision 17A-MI-3029 | April 11, 2018 Page 1 of 2 [1] Tarik Atum Re El appeals the trial court’s order denying his “Petition for

Change of Name and For Redress to Assume the Race/Nationality of

Moor/Americas Aboriginal National[.]” Appellant’s App. Vol. II p. 5.

Finding no error, we affirm.

[2] Indiana Code chapter 34-38-2 governs petitions for a change of name. Among

other things, the petition must “be filed with the circuit court, superior court, or

probate court of the county in which the person resides.” Ind. Code § 34-28-2-

2(a)(3). Re El filed his petition in Lake County, but he does not live in Indiana,

he lives in Georgia.1 Additionally, the petition must include the petitioner’s

valid Indiana driver’s license number, Indiana identification card number, or

Indiana photo exempt identification card. I.C. § 34-28-2-2.5(a)(3). Re El

included a Georgia identification card number; he did not include the number

of a qualifying Indiana identification card. Therefore, the trial court did not err

by denying Re El’s petition.

[3] The judgment of the trial court is affirmed.

Kirsch, J., and Bradford, J., concur.

1 On appeal, Re El contends that he is entitled to relief as a non-resident pursuant to Indiana Code section 34- 28-1-2. That statute, however, applies to a petition “to establish a public record of the time and place of the birth of the applicant,” not to a petition for a change of name. I.C. § 34-28-1-2(b). There is no equivalent provision entitling a person who is not a resident of Indiana to seek a change of name in this state. Likewise, there is no statute giving Re El the right to the other relief he seeks in his petition—“For Redress to Assume the Race/Nationality of Moor/Americas Aboriginal Nation.” Appellant’s App. Vol. II p. 5.

Court of Appeals of Indiana | Memorandum Decision 17A-MI-3029 | April 11, 2018 Page 2 of 2