Pedraza et al v. Alameda Unified School District et al
Filing
297
ORDER by Judge Claudia Wilken DENYING MP'S 294 APPLICATION TO PROCEED IN FORMA PAURPERIS ON APPEAL. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 6/12/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LINDA PEDRAZA,
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United States District Court
For the Northern District of California
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Plaintiff,
v.
ALAMEDA UNIFIED SCHOOL DISTRICT,
et al.,
ORDER DENYING MP'S
APPLICATION TO
PROCEED IN FORMA
PAURPERIS ON
APPEAL
Defendants.
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No. C 05-4977 CW
________________________________/
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Linda Pedraza, purportedly on behalf of her minor child, MP,
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applies to proceed in forma pauperis (IFP) on appeal.
The IFP
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application indicates that MP, who is a minor child with a
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disability, has no income or expenses and no assets.
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The claims brought by MP were dismissed on November 26, 2008,
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when Linda and Francisco Pedraza failed to respond to the Court's
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order to show cause why MP should not be dismissed from the case
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for lack of counsel pursuant to Johns v. County of San Diego, 114
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F.3d 874, 877 (9th Cir. 1997).
Docket No. 150 (November 26, 2008
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Order).
In Johns, the Ninth Circuit held that "a parent or
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guardian cannot bring an action on behalf of a minor child without
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retaining a lawyer."
Thereafter, Ms. Pedraza, acting on her own
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behalf, litigated her own claims against Defendants.
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Because MP is not represented by counsel, he cannot appeal
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this case.
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is denied.
Therefore, MP's application to proceed IFP on appeal
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IT IS SO ORDERED.
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Dated: 6/12/2012
CLAUDIA WILKEN
United States District Judge
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United States District Court
For the Northern District of California
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