Lee et al v. United States Department of Agriculture et al

Filing 3

ORDER re 2 MOTION to PROCEED IN FORMA PAUPERIS signed by Magistrate Judge Dennis L. Beck on 6/1/2011. ( Filing Deadline: 7/5/2011).(Lundstrom, T)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 KEE LEE, et al., 9 10 Plaintiffs, 11 v. 12 13 UNITED STATES DEPARTMENT OF AGRICULTURE, et al., 14 Defendants. 15 ) 1:11cv0881 AWI DLB ) ) ) ) ORDER REGARDING APPLICATION TO ) PROCEED IN FORMA PAUPERIS ) ) ) ) ) ) ) ) 16 Plaintiffs Kee Lee, Song Yang and Chins Market and Kitchen filed the instant complaint 17 on May 31, 2011. However, only Plaintiff Kee Lee submitted an application to proceed in forma 18 pauperis. If Plaintiff Song Yang is not a minor and wishes to proceed as a plaintiff in this action, 19 then Song Yang must submit a separate application to proceed in forma pauperis.1 If Song Yang 20 is a minor and Plaintiff Lee wishes to proceed on Song Yang’s behalf, then Plaintiff Lee must 21 submit an application for appointment of a guardian ad litem. Plaintiff Lee is forewarned, 22 however, that a non-attorney parent or guardian cannot bring an action on behalf of a minor child 23 without retaining an attorney. Johns v. County of San Diego, 114 F.3d 874, 877 (9th Cir. 1997). 24 Accordingly, within thirty (30) days of the date of this order: (1) Plaintiff Song Yang 25 must submit an application to proceed in forma pauperis; OR (2) Plaintiffs must submit an 26 27 28 1 Additionally, Plaintiff Song Yang did not sign the complaint. All pleadings must be signed by the party involved if that party is appearing in propria persona. Fed. R. Civ. P. 11(a); Local Rule of Practice for the Eastern District of California (“Local Rule”) 131(b). 1 1 2 application for appointment of a guardian ad litem and proof of representation. As to Chins Market and Kitchen, Plaintiffs are informed that a corporation or other entity 3 may appear only by an attorney. Local Rule 183(a). Further, only natural persons may proceed 4 in forma pauperis under 28 U.S.C. § 1915. Therefore, Chins Market and Kitchen must submit 5 proof of representation and payment of the filing within thirty (30) days of the date of this 6 order. If the parties fail to comply with this order, then Song Yang and Chins Market and 7 Kitchen will be dismissed from this action without prejudice. Complete failure to respond to this 8 order will result in a recommendation that this action be dismissed. 9 10 11 IT IS SO ORDERED. Dated: June 1, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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