Gaines v. CSS

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/26/13 ORDERING that this action is DISMISSED without prejudice. The Clerk is directed to close this action. CASE CLOSED (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

SHANEL GAINES, on behalf of U.K.P., a
minor child,
Plaintiff,

13

ORDER
v.

14
15

No. 2:13-cv-2181 CKD PS

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

16

Defendant.

17
18
This action, seeking judicial review of a final decision of the Commissioner of Social

19
20

Security, was filed pro se on behalf of a minor child. A minor can only proceed if represented by

21

counsel. Johns v. County of San Diego, 114 F.3d 874 (9th Cir. 1997). Plaintiff was granted

22

thirty days to obtain counsel. Plaintiff has filed a response indicating that she has been unable to

23

obtain representation. Plaintiff withdraws the request for judicial review. The court construes

24

plaintiff’s pleading as a voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A).

25

/////

26

/////

27

/////

28

/////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. This action is dismissed without prejudice.

3

2. The Clerk of Court is directed to close this action.

4

Dated: November 26, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

5
6
7
8

4 gaines.ss.dis

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2