A.M.W. v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Dale A. Drozd on 9/28/13 ORDERING that plaintiff file a motion for the appointment of a guardian ad litem and have counsel appear in this action within 30 days of the date of this order. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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A.M.W., a minor,

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No. 2:13-cv-0867 DAD
Plaintiff,

v.

ORDER

CAROLYN W. COLVIN, Commissioner
of Social Security,
Defendant.

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Plaintiff’s mother, proceeding pro se, has filed on behalf of plaintiff a complaint

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pursuant to 42 U.S.C. ' 405(g) and a request under 28 U.S.C. § 1915 to proceed in forma

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pauperis. According to the complaint, however, plaintiff is a minor. Because plaintiff is a minor

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this action cannot proceed without the appointment of a guardian ad litem. See FED. R. CIV. PRO.

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17(c); see also Watson v. County of Santa Clara, 468 F. Supp.2d 1150, 1155 (N.D. Cal. 2007);

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E.D. Cal. Local Rule 202.

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Moreover, the right to represent oneself pro se is personal to the plaintiff and does

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not extend to other parties. Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008);

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Russell v. United States, 308 F.2d 78, 79 (9th Cir. 1962) (“A litigant appearing in propria persona

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has no authority to represent anyone other than himself.”). Thus, “a parent or guardian cannot

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bring an action on behalf of a minor child without retaining a lawyer.” Johns v. County of San
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Diego, 114 F.3d 874, 877 (9th Cir. 1997). “‘[I]t is not in the interest of minors . . . that they be

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represented by non-attorneys. Where they have claims that require adjudication, they are entitled

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to trained legal assistance so their rights may be fully protected.’” Id. at 876-77 (quoting Osei-

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Afriyie v. Medical College, 937 F.2d 876, 882-83 (3d Cir. 1991)). In this regard, plaintiff must

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be represented by counsel if this action is to proceed.

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Accordingly, IT IS HEREBY ORDERED that plaintiff shall file a motion for the

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appointment of a guardian ad litem and have counsel appear in this action within thirty days of

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the date of this order.

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Dated: September 28, 2013

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DAD:6
ddad1/orders.soc sec/amw0867.ifp.docx

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