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, 13 v. ORDER TO SHOW CAUSE WHY CLAIMS BROUGHT ON BEHALF OF MINOR 14 TUOLUMNE COUNTY, et al., PLAINTIFF G.A.R. SHOULD NOT BE DISMISSED 15 Defendants. FOURTEEN (14) DAY DEADLINE 16 17 Plaintiff Allan Thomas Rockwell (“Plaintiff”) is proceeding pro se in this action against 18 Tuolumne County, Michael Choate, Denise Choate, and Melissa Brouhard. (See ECF No. 1.) 19 Plaintiff initially filed the complaint on April 4, 2022. (ECF No. 1.) On April 25, 2022, 20 Plaintiff filed a First Amended Complaint indicating that the action is brought by Plaintiff and by 21 G.A.R., a minor. (ECF No. 5.) 22 The Ninth Circuit has determined that although a non-attorney may appear pro se in his 23 own behalf, that privilege is personal to him and he has no authority to appear as an attorney for 24 others than himself. C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 25 1987); Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008). “[A] parent or guardian 26 cannot bring an action on behalf of a minor child without retaining a lawyer.” Johns v. County of 27 San Diego, 114 F.3d 874, 877 (9th Cir. 1997); see also Wilson v. Raye, 2020 WL 1492662, at *2 28 (E.D. Cal. Mar. 27, 2020) (finding that a pro se plaintiff could not bring an action on behalf of a 1 | minor); Giorgis v. Fetter, ,2014 WL 12694301, at *1 (D. Ariz. Dec. 22, 2014) (accord). 2 | Therefore, minor G.A.R. must be represented by counsel if this action is to proceed on his or her 3 | behalf. 4 Accordingly, Plaintiff Allan Thomas Rockwell is HEREBY ORDERED TO SHOW 5 || CAUSE why the claims of minor G.A.R. should not be dismissed without prejudice because 6 | Plaintiff has no authority to appear on behalf of others. Plaintiff shall file a written response to 7 | this order to show cause within fourteen (14) days of service of this order. Alternatively, if 8 | counsel enters an appearance on behalf of G.A.R., the Court will vacate the order to show cause. 9 Failure to comply with this order will result in a recommendation that any claims 10 | brought on behalf of G.A.R., a minor, be dismissed without prejudice. 11 b IT IS SO ORDERED. 13 | Dated: _May 4, 2022 [Jee ey □□ 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28