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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KEE LEE, et al.,
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Plaintiffs,
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v.
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UNITED STATES DEPARTMENT OF
AGRICULTURE, et al.,

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Defendants.
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) 1:11cv0881 AWI DLB
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) ORDER REGARDING APPLICATION TO
) PROCEED IN FORMA PAUPERIS
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Plaintiffs Kee Lee, Song Yang and Chins Market and Kitchen filed the instant complaint
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on May 31, 2011. However, only Plaintiff Kee Lee submitted an application to proceed in forma
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pauperis. If Plaintiff Song Yang is not a minor and wishes to proceed as a plaintiff in this action,
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then Song Yang must submit a separate application to proceed in forma pauperis.1 If Song Yang

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is a minor and Plaintiff Lee wishes to proceed on Song Yang’s behalf, then Plaintiff Lee must
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submit an application for appointment of a guardian ad litem. Plaintiff Lee is forewarned,
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however, that a non-attorney parent or guardian cannot bring an action on behalf of a minor child
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without retaining an attorney. Johns v. County of San Diego, 114 F.3d 874, 877 (9th Cir. 1997).
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Accordingly, within thirty (30) days of the date of this order: (1) Plaintiff Song Yang
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must submit an application to proceed in forma pauperis; OR (2) Plaintiffs must submit an
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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).

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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

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may appear only by an attorney. Local Rule 183(a). Further, only natural persons may proceed

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in forma pauperis under 28 U.S.C. § 1915. Therefore, Chins Market and Kitchen must submit

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proof of representation and payment of the filing within thirty (30) days of the date of this

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order. If the parties fail to comply with this order, then Song Yang and Chins Market and

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Kitchen will be dismissed from this action without prejudice. Complete failure to respond to this

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order will result in a recommendation that this action be dismissed.

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IT IS SO ORDERED.
Dated:

June 1, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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