Pruitt et al v. County of Sacramento et al

Filing 85

ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM signed by Judge William B. Shubb on 08/23/11 APPOINTING John Pruitt as guardian ad litem for petitioner Phillip Pruitt. (Benson, A.)

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1 SANFORD JAY ROSEN – 62566 ERNEST GALVAN – 196065 2 LISA ELLS – 243657 3 ROSEN, BIEN & GALVAN, LLP 315 Montgomery Street, 10th Floor 4 San Francisco, California 94104-1823 5 Telephone: (415) 433-6830 Facsimile: (415) 433-7104 6 GERI LYNN GREEN – 127709 7 LAW OFFICES OF GERI LYNN GREEN, LC 155 Montgomery Street, Suite 901 8 San Francisco, California 94104-4166 9 Telephone: (415) 982-2600 Facsimile: (415) 358-4562 10 Attorneys for Plaintiffs 11 12 IN THE UNITED STATES DISTRICT COURT 13 FOR THE EASTERN DISTRICT OF CALIFORNIA 14 JOHN PRUITT; JOHN PRUITT, JR., a minor, by and through his Guardian Ad Litem, his custodial 15 parent John Pruitt; PHILLIP PRUITT, a minor, by 16 and through his Guardian Ad Litem, his custodial parent John Pruitt; MICHAEL PRUITT, a minor, by 17 and through his Guardian Ad Litem, his custodial 18 parent John Pruitt; ISAIAH PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent 19 John Pruitt; DARRYL BERG; and DEBRA BERG, PETITION AND [PROPOSED] ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM Plaintiffs, 20 21 Case No. 10-CV-00416-WBS-KJN v. 22 COUNTY OF SACRAMENTO; Sacramento County Sheriff’s Department Sheriff JOHN MCGINNESS; 23 Sergeant SANTOS RAMOS; Detective SEAN 24 BERRY; Detective BRAD ROSE; Detective RANDY MOYA; Detective JACQUELINE KLOSS; 25 Detective KEVIN STEED; Detective STEVE WHARTON; Probation Officer TIMOTHY RUIZ; 26 Deputy THOMAS LYNN; Deputy CRAIG 27 HARMON; and DOES 1-100, inclusive, 28 Defendants. PETITION AND [PROPOSED] ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CASE NO. 10-CV-00416-WBS-KJN 1 Petitioner, Phillip Pruitt, states as follows: 2 1. I am a minor of the age of 15 years. 3 2. I have filed an action in the Court against defendants COUNTY OF 4 SACRAMENTO; Sacramento County Sheriff’s Department Sheriff JOHN McGINNESS; 5 Sergeant SANTOS RAMOS; Detective SEAN BERRY; Detective BRAD ROSE; Detective 6 RANDY MOYA; Detective JACQUELINE KLOSS; Detective KEVIN STEED; Detective 7 STEVE WHARTON; Probation Officer TIMOTHY RUIZ; Deputy THOMAS LYNN; Deputy 8 CRAIG HARMON; and DOES 1-100, for defendants’ and each of their involvement in the 9 deprivation of my liberty interest in the continued companionship and society of my father as 10 guaranteed by the Fourteenth Amendment to the Constitution of the United States. 11 3. I have no general guardian and no previous petition for appointment of a guardian 12 ad litem has been filed in this matter. 13 4. John Pruitt, my natural father, whose address is 7405 Greenback Lane #312, Citrus 14 Heights, CA 95610, is a competent and responsible person, and fully competent to act as my 15 guardian ad litem. 16 5. John Pruitt is willing to act as guardian ad litem for petitioner, as appears by his 17 consent attached hereto. 18 WHEREFORE, petitioner moves this Court for an order appointing JOHN PRUITT as 19 guardian ad litem of petitioner for the purpose of bringing this action against defendants 20 COUNTY OF SACRAMENTO; Sacramento County Sheriff’s Department Sheriff JOHN 21 McGINNESS; Sergeant SANTOS RAMOS; Detective SEAN BERRY; Detective BRAD ROSE; 22 Detective RANDY MOYA; Detective JACQUELINE KLOSS; Detective KEVIN STEED; 23 Detective STEVE WHARTON; Probation Officer TIMOTHY RUIZ; Deputy THOMAS LYNN; 24 Deputy CRAIG HARMON; and DOES 1-100, on the claim hereinabove stated. 25 /// 26 /// 27 /// 28 /// 1 PETITION AND [PROPOSED] ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CASE NO. 10-CV-00416-WBS-KJN 1 I, Phillip Pruitt, verify that I have read the foregoing petition and know the contents 2 thereof, and state that the statements therein are true and correct of my own personal knowledge. 3 This declaration was made this 15th day of May, 2010, at Loomis, California. 4 5 /s/ Phillip Pruitt PHILLIP PRUITT 6 CONSENT OF NOMINEE 7 8 I, John Pruitt, the nominee of the Petitioner, consent to act as guardian ad litem for the 9 minor petitioner in the above action. 10 11 Dated: May 15, 2010 /s/ John Pruitt JOHN PRUITT 12 13 14 Dated: May 26, 2010 Respectfully submitted, 15 ROSEN, BIEN & GALVAN, LLP 16 By: /s/ Ernest Galvan Ernest Galvan Attorneys for Plaintiffs 17 18 19 ORDER 20 21 The petition for an order appointing John Pruitt as guardian ad litem for petitioner Phillip 22 Pruitt is GRANTED 23 IT IS SO ORDERED. 24 Dated: August 23, 2011 25 26 27 28 2 PETITION AND [PROPOSED] ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CASE NO. 10-CV-00416-WBS-KJN

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