Ballard et al v. Las Vegas Metropolitan Police Department et al

Filing 16

ORDER Denying without prejudice 13 Motion to Appoint Guardian ad Litem. Any renewed motion for appointment of guardian ad litem must be filed only after retaining counsel and no later than August 10, 2013. Signed by Magistrate Judge Nancy J. Koppe on 7/11/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FREDERICA BALLARD, et al.,

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Pending before the Court is a motion for appointment of guardian ad litem. Docket No. 13.

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Plaintiff(s),
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vs.
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LAS VEGAS METROPOLITAN POLICE, et al.,
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Defendant(s).

Case No. 2:13-cv-00130-APG-NJK
ORDER DENYING WITHOUT
PREJUDICE MOTION FOR
APPOINTMENT OF GUARDIAN
AD LITEM
(Docket No. 13)

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Although not entirely clear, it appears that Plaintiff Frederica Ballard is requesting that she be

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appointed as the guardian ad litem for her minor children, Nathan J. Ballard and Psalm M. Ballard.

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See id.; see also Docket Nos. 14, 15 (applications to appear in forma pauperis signed by Frederica

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Ballard on behalf of Nathan J. Ballard and Psalm M. Ballard). Frederica Ballard is proceeding in

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this case pro se. The Ninth Circuit has held “that a parent or guardian cannot bring an action on

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behalf of a minor child without retaining a lawyer.” Johns v. County of San Diego, 114 F.3d 874,

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877 (9th Cir. 1997). Accordingly, the motion for appointment of guardian ad litem is DENIED

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without prejudice. Any renewed motion for appointment of guardian ad litem must be filed only

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after retaining counsel and no later than August 10, 2013.

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IT IS SO ORDERED.

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DATED: July 11, 2013

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NANCY J. KOPPE
United States Magistrate Judge