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

Filing 16

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/5/17 recommending that the minor Plaintiffs, J.G. and J.L. re be dismissed without prejudice. These Findings and Recommendations are submitted to U.S. District Judge John A. Mendez; Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J. G., a minor, by and through his Guardian
Ad Litem, et al.,
Plaintiffs,

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No. 2:16-cv1476 JAM CKD PS

FINDINGS AND RECOMMENDATIONS
v.
UNITED STATES OF AMERICA, et al.,
Defendants.

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In this action, plaintiffs are proceeding in propria persona. Two of the named plaintiffs in

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this action are minors. A minor can only proceed if represented by counsel. Johns v. County of

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San Diego, 114 F.3d 874 (9th Cir. 1997). Plaintiffs were therefore directed to obtain counsel for

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the minor plaintiffs no later than March 31, 2017 and cautioned that failure to obtain counsel

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would result in a recommendation that the minor children be dismissed without prejudice.

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Plaintiffs have failed to comply with the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that the minor plaintiffs, J.G. and J.L.
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: April 5, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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