G.H. v. United States of America et al

Filing 36

ORDER TO SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 9/30/2016 ORDERING the plaintiff to show cause, by 10/14/2016, why this action should not be dismissed with prejudice for failure to prosecute. (Michel, G.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

G.H.,

No. 2:15-cv-1946 CKD

12

Plaintiff,

13
14

v.

ORDER TO SHOW CAUSE

UNITED STATES OFAMERICA, et al.,

15

Defendants.

16
This action was filed on September 14, 2015. Although a petition for appointment of

17
18

guardian ad litem was filed concurrently with the complaint, a guardian ad litem has not yet been

19

approved. By order filed September 1, 2016, plaintiff’s counsel was directed to propose an

20

alternative guardian ad litem within fourteen days. The court noted that the proposed guardian ad

21

litem, Alejandro Hernandez, did not appear to be able to properly represent the interests of the

22

plaintiff. Belatedly, on September 26, 2016, plaintiff’s counsel submitted a petition for

23

appointment of guardian ad litem, again proposing Alejandro Hernandez as the guardian ad litem.

24

The court finds that the proposed guardian has made an inadequate showing of competency to

25

represent the interest of the minor plaintiff. The court also notes that, as has been ongoing for

26

almost a year, the proposed guardian indicates an intent to dismiss this case but no proposed

27

dismissal has been filed.

28

/////
1

1
2
3

This matter may not proceed without appointment of a guardian ad litem and it appears
that counsel’s efforts, if any, to secure an alternative guardian ad litem have been unavailing.
Accordingly, IT IS HEREBY ORDERED that no later than October 14, 2016, plaintiff

4

shall show cause why this action should not be dismissed with prejudice for failure to prosecute.

5

Dated: September 30, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

6
7
8

4 gh-usa1946.osc

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