Shervin v. City of Newark, California et al

Filing 169

ORDER TO SHOW CAUSE why plaintiff Shirin Shervin's claims should not be dismissed. Show Cause Response due by 9/17/2010. Application for appointment of guardian ad litem, Doc #153, is DENIED. (vrwlc1, COURT STAFF) (Filed on 9/4/2010)

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Shervin v. City of Newark, California et al Doc. 169 1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29, 2008. Plaintiff Amir Shervin ("Amir") asks the court to appoint him as guardian ad litem for his daughter and co-plaintiff, Shirin Shervin ("Shirin"). Doc #153. Amir is proceeding pro se before AMIR H SHERVIN and SHIRIN N SHERVIN, Plaintiffs, v CITY OF NEWARK et al, Defendants. / No C 08-1631 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA the court, but Shirin, an adult, has not entered an appearance. The court now ORDERS Shirin to show cause why her claims should not be dismissed from the case. Plaintiffs filed their first amended complaint on July Doc #27. The court heard defendants' motions to dismiss No appearance was entered on behalf of on January 22, 2009. Shirin, and the court ordered her to show cause why her claims should not be dismissed for failure to prosecute. Doc #95. Shirin Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 responded and explained that she did not appear because she believed her father could represent her. Doc #99. The court accepted Shirin's explanation and permitted her to continue to pursue her claims but admonished her that any subsequent failure to appear would result in dismissal. Doc #100. Pursuant to FRCP 17(c), a court may appoint a guardian ad litem for the protection of a minor or incompetent. Shirin is not a minor, as an exhibit submitted to the court by Shirin states her date of birth as December 16, 1989. 6502. Doc #99 at 7; see Cal Fam Code Amir's petition fails to specify why Shirin should be deemed incompetent or why it would be appropriate for the court to appoint Amir as Shirin's guardian ad litem. Doc #153. No evidence shows that Shirin, apparently a student at the College of Marin, see Doc #153 at 2, is incompetent or otherwise requires a guardian ad litem. Amir's petition to be appointed guardian ad litem is Doc #153. accordingly DENIED. Accordingly, the court ORDERS Shirin to show cause in writing on or before September 17, 2010 why her claims should not be dismissed from the case for failure to prosecute pursuant to FRCP 41(b). Failure to respond by September 17, 2010 or failure to show adequate cause shall be deemed grounds to dismiss Shirin's claims from the case. IT IS SO ORDERED. VAUGHN R WALKER United States District Chief Judge 2

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