Doe et al v. Gill et al
Filing
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ORDER GRANTING PETITION FOR GUARDIAN AD LITEM AND REQUESTING A FINANCIAL DECLARATION FROM PLAINTIFF'S GUARDIAN AD LITEM. Signed by Judge Joseph C. Spero on October 3, 2011. (jcslc1, COURT STAFF) (Filed on 10/3/2011)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JANE DOE, A Minor,
by and through her Guardian
ad Litem, WILFRED SCOTT,
Case No. C-11-04759 JCS
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Plaintiff,
v.
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For the Northern District of California
United States District Court
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ORDER GRANTING PETITION FOR
GUARDIAN AD LITEM AND REQUESTING
A FINANCIAL DECLARATION FROM
PLAINTIFF’S GUARDIAN AD LITEM
RYAN GILL, et al.,
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Defendants.
___________________________________/
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I.
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INTRODUCTION
On September 23, 2011, Wayne Johnson, counsel for Jane Doe, filed a petition to appoint
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Wilfred Scott to serve as Jane Doe’s Guardian ad Litem in the above-entitled action (“Petition”). An
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Application to Proceed In Forma Pauperis was filed on the same day. For the reasons set forth
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below, the Court GRANTS the Petition and requests further information in support of the
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Application to Proceed In Forma Pauperis.
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II.
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THE PETITION
Wilfred Scott, “Husband of the Aunt of the Minor,” has attested in the Petition that he “is
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fully competent to understand and qualified to protect the rights of the minor.” Petition at ¶¶ 4, 7.
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Mr. Scott has further declared that he “is willing to serve as the guardian ad litem for the minor and
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has no interest adverse to that of the minor.” Id. at ¶ 7. For these reasons, and because the Court has
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received no opposition to the Petition, IT IS HEREBY ORDERED that Wilfred Scott is appointed as
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Guardian ad Litem for Plaintiff Jane Doe.
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III.
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THE APPLICATION TO PROCEED IN FORMA PAUPERIS
Title 28 U.S.C. § 1915(a) requires that a party seeking to proceed in forma pauperis submit
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an affidavit declaring that “he is unable to pay” Court costs. The minor plaintiff in this action has
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submitted a declaration of her inability to pay. The guardian ad litem, however, has not submitted
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any evidence of an inability to pay. “[W]here leave to proceed in forma pauperis is sought to
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vindicate the alleged substantive rights of a minor, the financial resources of both the minor and the
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volunteer parent, next friend, or guardian ad litem should be considered in determining ability to pay
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the costs of litigation.” Cottingham v. Bd. of Educ. of the Emery Unified Sch. Dist., et al., 1993 WL
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79698, at *1 (N.D. Cal. March 15, 1993) (citing Williams v. Spencer, 455 F.Supp. 205, 209 (D. Md.
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For the Northern District of California
United States District Court
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1978)).
Accordingly, Wilfred Scott is requested to complete the Court’s standard form in support of
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the Application to Proceed In Forma Pauperis, providing his own financial information, no later than
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Monday, October 17, 2011.
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IT IS SO ORDERED.
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Dated: October 3, 2011
_______________________________
JOSEPH C. SPERO
United States Magistrate Judge
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