Christy McGowan v. Earl Boek, et al, No. 09-16490 (9th Cir. 2010)

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FILED NOV 02 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CHRISTY McGOWAN, No. 09-16490 Plaintiff - Appellant, D.C. No. 2:07-cv-01756-JWS v. MEMORANDUM * EARL ALLEN BOEK, individually and partner; et al., Defendants - Appellees. Appeal from the United States District Court for the District of Arizona John W. Sedwick,** District Judge, Presiding Submitted October 19, 2010 *** Before: O SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges. Christy McGowan appeals pro se from the district court s judgment dismissing without prejudice her action alleging claims as the purported trustee for * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable John W. Sedwick, United States District Judge for the District of Alaska, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Wasasa Enterprises, an Arizona joint stock company. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997), and we affirm. The district court properly dismissed the action because McGowan, who is not a licensed attorney, may not pursue the action on behalf of Wasasa Enterprises. See 28 U.S.C. § 1654; Licht v. Am. W. Airlines (In re Am. W. Airlines), 40 F.3d 1058, 1059 (9th Cir. 1994) (per curiam) ( Corporations and other unincorporated associations must appear in court through an attorney. ); United States v. High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam) (in an action against a corporation that had not retained counsel, the corporation s president and sole shareholder could not intervene pro se because it would circumvent the requirement that the corporation be represented by counsel). McGowan s subrogation argument is unpersuasive. AFFIRMED. 2 09-16490

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