Swanson-Houston, et al. v. Sutter County Superintendent of Schools, et al.

Filing 9

ORDER signed by Judge Kimberly J. Mueller on 6/30/2014 ORDERING 7 , 8 Both applications to Proceed informa pauperis are GRANTED and the case may proceed without payment of the filing fee; and Heather Swanson Houston is APPOINTED as Guardian Ad Litem for David Swanson. 4 (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID SWANSON, et al.,

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No. 2:14-cv-1431 KJM DAD

Plaintiffs,
v.

ORDER

YUBA CITY UNIFIED SCHOOL
DISTRICT, et al.,
Defendants.
Plaintiffs David Swanson through his guardian ad litem Heather Swanson-

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Houston, and Heather Swanson-Houston suing on her own behalf, have filed this action alleging

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generally that defendants have refused to provide a free and appropriate education for Swanson

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and to accommodate his disability. ECF No. 1. When the action was filed, only David Swanson

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filed a request to proceed in forma pauperis. The court denied the request because Swanson-

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Houston had not sought to proceed in forma pauperis. ECF No. 3. Both plaintiffs have now

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submitted requests to proceed in forma pauperis. ECF Nos. 7 & 8. As both qualify to proceed

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without prepayment of fees, the court grants both requests and allows the action to proceed

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without payment of the filing fee.

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In addition, Swanson-Houston has applied to act as guardian ad litem for Swanson,
who is an incompetent adult. Under Rule 17(c)(2) of the Federal Rules of Civil Procedure, the

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court must appoint a guardian ad litem for an incompetent litigant and accordingly approves this

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request.

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IT IS THEREFORE ORDERED that:

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1. Both applications to proceed in forma pauperis, ECF Nos. 7 & 8, are granted

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and the case may proceed without payment of the filing fee; and

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2. Heather Swanson Houston is appointed as guardian ad litem for David

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Swanson.

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DATED: June 30, 2014.

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UNITED STATES DISTRICT JUDGE

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