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

Filing 15

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/23/2017 ORDERING: No later than 3/31/2017 plaintiffs shall obtain counsel for the named minor plaintiffs and file a substitution of attorneys. Failure to obtain counsel will result in a recom mendation this action be dismissed without prejudice as to the minor plaintiffs. GRANTING 13 Ex Parte Application for extension of time to file responsive pleading through and including 4/28/2017. DENYING 2 Motion to Proceed IFP. (Washington, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 J. G., a minor, by and through his Guardian Ad Litem, et al., Plaintiffs, 13 14 15 16 No. 2:16-cv-1476 JAM CKD PS ORDER v. UNITED STATES OF AMERICA, et al., Defendants. 17 18 19 20 This action was filed June 29, 2016. The case was reassigned to the undersigned on February 23, 2017. ECF No. 14. Two of the named plaintiffs in this action are minors. A minor can only proceed if 21 represented by counsel. Johns v. County of San Diego, 114 F.3d 874 (9th Cir. 1997). Plaintiffs 22 will therefore be granted thirty days in which to obtain counsel for the minors. 23 Plaintiff Ezell Anderson has filed an application to proceed in forma pauperis. The other 24 named plaintiffs have not filed applications. The court may authorize the commencement of an 25 action “without prepayment of fees and costs or security therefor, by a person who makes 26 affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a). 27 Although four of the five named plaintiffs have not filed in forma pauperis applications, the 28 amount of plaintiff Ezell Anderson’s monthly income ($2,498) shows that plaintiff Anderson is 1 1 able to pay the filing fee and costs. Thus, plaintiff has made an inadequate showing of indigency. 2 See Alexander v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony 3 v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. 4 Cal. 1994). 5 The United States Attorney’s Office was served on December 22, 2016. Defense counsel 6 has requested an extension of time to file a responsive pleading. Good cause appearing, that 7 request will be granted. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. No later than March 31, 2017, plaintiffs shall obtain counsel for the named minor 10 plaintiffs and file a substitution of attorneys. Failure to obtain counsel will result in a 11 recommendation this action be dismissed without prejudice as to the minor plaintiffs. 12 2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is denied. 13 3. Defendants are granted an extension of time through and including April 28, 2017 to 14 file a responsive pleading. 15 Dated: February 23, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 16 17 18 4 jg-usa476.cuo 19 20 21 22 23 24 25 26 27 28 2

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