Gonzalez v. Cate et al

Filing 43

ORDER Denying Motion To Designate Plaintiff's Brother As Attorney-Of-Fact (Doc. 42 ), ORDER For Plaintiff To File Status Report And Notice Of Change Of Address Within Sixty Days, signed by Magistrate Judge Gary S. Austin on 3/23/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ZACARIAS GONZALEZ,

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Plaintiff,
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vs.
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GUINN, et al.,
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Defendants.
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____________________________________)

1:09-cv-02149-LJO-GSA-PC
ORDER DENYING MOTION TO
DESIGNATE PLAINTIFF'S BROTHER
AS ATTORNEY-OF-FACT
(Doc. 42.)
ORDER FOR PLAINTIFF TO FILE
STATUS REPORT AND NOTICE OF
CHANGE OF ADDRESS WITHIN SIXTY
DAYS

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Zacarias Gonzalez ("Plaintiff") is a state prisoner proceeding pro se with this civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on November 30,

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2009. (Doc. 1.)

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On March 15, 2012, Plaintiff filed a motion for the court to designate his brother to act as his

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representative in this action. (Doc. 42.) Plaintiff informs the court that he will be transferred to an INS

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facility on or about May 4, 2012, and that he will be deported to Mexico between May 4, 2012 and July

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4, 2012. Plaintiff asserts that during this time, he will be unable to retain documents necessary to

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prosecute this case or contact the court in a timely manner. Plaintiff describes his brother as a person

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who would act in his best interest until Plaintiff is able to resume the litigation of this action.

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A non-lawyer may not represent anyone but himself or herself in court. Johns v. County of San

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Diego, 114 F.3d 874, 877 (9th Cir. 1997); C. E. Pope Equity Trust v. United States, 818 F.2d 696, 697

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(9th Cir. 1987). Plaintiff is proceeding pro se in this action, which signifies that Plaintiff is acting as his

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own attorney in the litigation of this action. Plaintiff may not designate his brother, a non-lawyer, to

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substitute as his attorney-in fact. Therefore, Plaintiff’s motion for the court to allow his brother to act

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as his representative in this action must be denied.

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Plaintiff indicates that he will be transferred to another facility on May 4, 2012. Plaintiff is

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required to keep the court apprised of his current address-of-record. Local Rule 182(f). Plaintiff shall

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be required to file a status report and a notice of change of address within sixty days, notifying the court

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of his new address. Plaintiff is cautioned that absent such notice, service of documents at the prior

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address of the party shall be fully effective. See id. Moreover, Plaintiff’s failure to comply with a court

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order or any Local Rule may be grounds for dismissal of the entire action. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff's motion for the court to allow his brother to represent him in this action is
DENIED;

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2.

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Within sixty days of the date of service of this order, Plaintiff is required to file a status
report and a notice of change of address, notifying the court of his new address; and

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3.

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Plaintiff's failure to comply with this order shall result in a recommendation that this
action be dismissed.

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IT IS SO ORDERED.

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Dated:
6i0kij

March 23, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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