J.M. v. Wagnor

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 05/20/15 ORDERING that, within 60 days, either an attorney shall file a request to substitute into this action as counsel for plaintiff or plaintiff shall file a notice of dismissal of this action without prejudice. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J.M., a minor,

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Plaintiff,

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No. 2:15-cv-1030 KJM DAD PS

v.

ORDER

BRATTON WAGNOR, City of Vallejo
Police Officer,
Defendant.

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On May 11, 2015, a complaint was filed on behalf of plaintiff J.M., a minor, “in and

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through his mother.” (Dkt. No. 1.) Plaintiff is proceeding in this action pro se and the matter

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was, therefore, referred to the undersigned in accordance with Local Rule 302(c)(21) and 28

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U.S.C. § 636(b)(1). Plaintiff has requested leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915.
The undersigned notes that the complaint filed on plaintiff’s behalf in this action

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repeatedly states plaintiff’s full name. Moreover, attached to the complaint are pictures of the

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minor plaintiff. Local Rule 140 specifically provides that a minor’s name shall be identified only

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by using the minor’s initials. In addition, certainly at this stage of the proceedings, it is

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unnecessary for photographs of plaintiff to be submitted to the court.1

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Next, the right to represent oneself pro se is personal to the plaintiff and does not extend

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to other parties. Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008); Russell v.

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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 by

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non-attorneys. Where they have claims that require adjudication, they are entitled to trained legal

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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)). In this regard, plaintiff J. M. must be

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represented by retained counsel if this action is to proceed on his behalf.

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Accordingly, IT IS HEREBY ORDERED that within 60 days of the date of this order

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either an attorney shall file a request to substitute into this action as counsel for plaintiff or

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plaintiff shall file a notice of dismissal of this action without prejudice.

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Dated: May 20, 2015

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DAD:6
Ddad1\orders.pro se\j.m.1030.minor.atty.ord.docx

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Accordingly, both the complaint and the motion to proceed in forma pauperis filed on
plaintiff’s behalf have been placed under seal by the Clerk of the Court because they reflect
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identifying information with respect to the minor plaintiff.