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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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 LINDA PEDRAZA, 7 8 9 United States District Court For the Northern District of California 10 Plaintiff, v. ALAMEDA UNIFIED SCHOOL DISTRICT, et al., ORDER DENYING MP'S APPLICATION TO PROCEED IN FORMA PAURPERIS ON APPEAL Defendants. 11 12 No. C 05-4977 CW ________________________________/ 13 Linda Pedraza, purportedly on behalf of her minor child, MP, 14 applies to proceed in forma pauperis (IFP) on appeal. The IFP 15 application indicates that MP, who is a minor child with a 16 disability, has no income or expenses and no assets. 17 The claims brought by MP were dismissed on November 26, 2008, 18 when Linda and Francisco Pedraza failed to respond to the Court's 19 order to show cause why MP should not be dismissed from the case 20 for lack of counsel pursuant to Johns v. County of San Diego, 114 21 F.3d 874, 877 (9th Cir. 1997). Docket No. 150 (November 26, 2008 22 Order). In Johns, the Ninth Circuit held that "a parent or 23 guardian cannot bring an action on behalf of a minor child without 24 retaining a lawyer." Thereafter, Ms. Pedraza, acting on her own 25 behalf, litigated her own claims against Defendants. 26 27 28 1 Because MP is not represented by counsel, he cannot appeal 2 this case. 3 is denied. Therefore, MP's application to proceed IFP on appeal 4 5 IT IS SO ORDERED. 6 7 8 Dated: 6/12/2012 CLAUDIA WILKEN United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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