Jackson v. Commissioner of Social Security

Filing 12

ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/23/2014 DIRECTING the Clerk of Court to assign a District Judge to this action; DENYING 11 Motion to Proceed without representation; RECOMMENDING that this ac tion be dismissed without prejudice; REFERRING this matter to Judge John A. Mendez; ORDERING that any objections be filed within fourteen days. [CASE ASSIGNED to Judge John A. Mendez and Magistrate Judge Carolyn K. Delaney. New case number: 2:14-cv-01659 JAM CKD (PS)(SS)] (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDREA JACKSON, on behalf of J.H., a
minor child,
Plaintiff,

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No. 2:14-1659 CKD PS

v.

ORDER AND

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

FINDINGS AND RECOMMENDATIONS

Defendant.

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

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

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counsel. Johns v. County of San Diego, 114 F.3d 874 (9th Cir. 1997). By order filed July 16,

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2014, plaintiff was granted thirty days to obtain counsel and file a substitution of attorney. On

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August 19, 2014, plaintiff was granted an additional thirty days to obtain counsel. Plaintiff was

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cautioned that failure to obtain counsel would result in a recommendation this action be dismissed

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without prejudice. No substitution of attorneys has been filed. Plaintiff has instead filed a motion

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to proceed without counsel. As discussed above, this action cannot proceed on behalf of the

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minor child without counsel.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court is directed to assign a District Judge to this action;

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2. Plaintiff’s motion to proceed without representation (ECF No. 11) is denied; and

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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: September 23, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 jackson.ss.minor.57

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