Rockwell v. Tuolumne County, California ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALLAN THOMAS ROCKWELL, ) Case No.: 1:22-cv-00392-JLT-EPG ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS 13 v. ) RECOMMENDING THAT CLAIMS BROUGHT ) ON BEHALF OF MINOR PLAINTIFF G.A.R. 14 TUOLUMNE COUNTY, et al., ) BE DISMISSED ) 15 Defendants. ) (Doc. 55.) ) 16 17 Allan Thomas Rockwell, proceeding pro se, initiated this action against Tuolumne County, 18 Michael Choate, Denise Choate, and Melissa Brouhard on April 4, 2022. (Doc. 1.) Plaintiff filed a 19 First Amended Complaint indicating that the action is brought by Plaintiff and by G.A.R., a minor. 20 (Doc. 5.) The Court issued an order for Plaintiff to show cause why G.A.R.’s claims should not be 21 dismissed without prejudice because Plaintiff has no authority to proceed on his behalf. (Doc. 8.) In 22 findings and recommendations issued July 29, 2022, the assigned magistrate judge found that Plaintiff, 23 a non-attorney proceeding pro se, does not have the authority to appear on behalf of others and 24 recommended that all claims brought on behalf of minor G.A.R. be dismissed without prejudice. (Doc. 25 55.) The Court granted Plaintiff fourteen days to object to the findings and recommendations. (Id. at 26 3.) In addition, the Court informed Plaintiff that the “failure to file objections within the specified 27 time may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 28 1 || 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) To date, Plaintiff hi: 2 || not filed objections and the time to do so has expired. 3 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. 4 || Having carefully reviewed the entire file, the Court concludes the findings and recommendations are 5 || supported by the record and proper analysis. Based upon the foregoing, the Court ORDERS: 6 1. The findings and recommendations issued on July 29, 2022 (Doc. 55) are ADOPTED 7 in full. 8 2. All claims brought on behalf of G.A.R. are DISMISSED without prejudice. 9 10 IS SO ORDERED. Dated: _ October 12, 2022 Charis [Tourn 12 TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28