A.M.W. v. Commissioner of Social Security
Filing
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ORDER DISMISSING CASE, without prejudice, signed by Magistrate Judge Dale A. Drozd on 1/24/2014. (Marciel, M)
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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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Plaintiff,
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No. 2:13-cv-0867 DAD
v.
ORDER
CAROLYN W. COLVIN, Commissioner
of Social Security,
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Defendant.
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Plaintiff’s mother, proceeding pro se, has filed on behalf of plaintiff a complaint pursuant
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to 42 U.S.C. ' 405(g) and a request under 28 U.S.C. § 1915 to proceed in forma pauperis.
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According to the complaint, however, plaintiff is a minor. Accordingly, on September 30, 2013,
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the court issued an order ordering plaintiff to file a motion for the appointment of a guardian ad
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litem and to have counsel appear in this action within thirty days. The thirty-day period of time
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has long since passed and the court has received no response to the September 30, 2013 order.1
As noted in the September 30, 2013 order, because plaintiff is a minor this action cannot
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proceed without the appointment of a guardian ad litem. See FED. R. CIV. PRO. 17(c); see also
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Watson v. County of Santa Clara, 468 F. Supp.2d 1150, 1155 (N.D. Cal. 2007); E.D. Cal. Local
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Nor has the minor plaintiff’s mother, who signed the complaint filed with the court,
communicated with the court in any way since that order was issued.
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Rule 202. Moreover, the right to represent oneself pro se is personal to the plaintiff and does not
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extend to other parties. Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008); Russell
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v. United States, 308 F.2d 78, 79 (9th Cir. 1962) (“A litigant appearing in propria persona has no
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authority to represent anyone other than himself.”). Thus, “a parent or guardian cannot bring an
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action on behalf of a minor child without retaining a lawyer.” Johns v. County of San Diego, 114
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F.3d 874, 877 (9th Cir. 1997). “‘[I]t is not in the interest of minors . . . that they be represented
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by non-attorneys. Where they have claims that require adjudication, they are entitled to trained
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legal assistance so their rights may be fully protected.’” Id. at 876-77 (quoting Osei-Afriyie v.
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Medical College, 937 F.2d 876, 882-83 (3d Cir. 1991)).
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Accordingly, because plaintiff is a minor proceeding without a guardian ad litem
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and in light of plaintiff’s failure to respond to the court’s September 30, 2013 order it does not
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appear that plaintiff wishes to proceed with this action through counsel and a guardian ad litem,
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IT IS HEREBY ORDERED that this action is dismissed without prejudice.
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Dated: January 24, 2014
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DAD:6
ddad1/orders.soc sec/amw0867.dism.ord.docx
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