Ko v. Fleming

Filing 9

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Vince Chhabria on 12/18/2017. The deputy clerk hereby certifies that on 12/18/2017 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (knm, COURT STAFF) (Filed on 12/18/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

LILY KO,

Case No. 17-cv-05179-VC (PR)
Petitioner,
ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
REBECCA FLEMING,
Respondent.

Lily Ko, currently housed at Napa State Hospital, filed a pro se petition for a writ of
habeas corpus on behalf of her 10-year old daughter. On October 24, 2017, the Court issued an
order for Ko to obtain counsel, explaining that a parent or guardian cannot bring a lawsuit on
behalf of a minor in federal court without retaining a lawyer. The Court granted Ko 28 days to
retain an attorney to represent her in this action on behalf of her daughter, or the case would be
dismissed without prejudice to re-filing when she obtains legal representation.
On November 13, 2017, Ko filed a document entitled, “Affidavit to Act as Counsel on
Behalf for Daughter [sic],” in which she states she is acting as counsel for her daughter.
However, as explained in the October 24th Order, Ko cannot act as counsel for her daughter; she
must retain an attorney who is licensed to practice law in the state of California.
Therefore, this case is dismissed without prejudice. This case may be re-filed when Ko
retains an attorney to represent her on behalf of her son.
The Clerk of the Court shall enter a separate judgment and close the file.

IT IS SO ORDERED.
Dated: December 18, 2017
______________________________________
VINCE CHHABRIA
United States District Judge