Brian Anthony DeDen v. Attorney General of California

Filing 3

ORDER TO SHOW CAUSE RE: DISMISSAL OF HABEAS PETITION by Magistrate Judge Paul L. Abrams. On June 2, 2017, Rita DeDen ("Ms. DeDen") filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2241 ( "Petition" or "Pet.") 1 on behalf of her son, Brian Anthony DeDen ("petitioner"). Ms. DeDen purports to be filing the Petition as a "next friend," pursuant to Central District Local Rule 83-16.3. (Pet. at 2, Attach. to Question 9). Based on the foregoing, Ms. DeDen is ordered to show cause why the instant Petition should not be dismissed without prejudice for lack of jurisdiction because she lacks standing to bring the action on behalf of petitioner , and because she is not an attorney authorized to practice law before this Court. To avoid dismissal, if Ms. DeDen still seeks to proceed on behalf of petitioner as a "next friend," on or before June 28, 2017, she shall (1) file a motion seeking "next friend" status, addressing the factors cited in Whitmore; and (2) either provide evidence that she is authorized to practice law before this Court, or proceed with legal representation. (SEE ORDER FOR FURTHER INFORMATION) (Attachments: # 1 BLANK- NOTICE OF DISMISSAL FORM) (gr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER

Plaintiff(s),

v.

Defendant(s).

NOTICE OF DISMISSAL PURSUANT
TO FEDERAL RULES OF CIVIL
PROCEDURE 41(a) or (c)

PLEASE TAKE NOTICE: (Check one)
G This action is dismissed by the Plaintiff(s) in its entirety.
G The Counterclaim brought by Claimant(s)
dismissed by Claimant(s) in its entirety.

is

G The Cross-Claim brought by Claimants(s)
dismissed by the Claimant(s) in its entirety.

is

G The Third-party Claim brought by Claimant(s)
dismissed by the Claimant(s) in its entirety.

is

G ONLY Defendant(s)
is/are dismissed from (check one) G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim
brought by

.

The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c).

Date

Signature of Attorney/Party

NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for
summary judgment, whichever first occurs.
F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive
pleading or prior to the beginning of trial.

CV-09 (03/10)

NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c)