(HC) Menendez v. Warden ( 2022 )


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  • 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 JUAN PEYTON MENENDEZ, Case No. 2:22-cv-00047-JDP (HC) 10 Petitioner, ORDER DENYING PETITIONER’S MOTION TO ALLOW FRIEND OF COURT 11 v. ECF No. 8 12 WARDEN, 13 Respondent. 14 15 16 Petitioner has filed a motion seeking to have his mother appointed as a “friend of the 17 court.” ECF No. 8. He argues that he has been diagnosed with paranoid schizophrenia and needs 18 his mother’s assistance to litigate this case. Id. at 2. To that end, petitioner requests that copies of 19 all filings be sent to his mother’s address. Id. at 3. His mother, who is not an attorney, is not 20 permitted to represent him, and I will not order that filings be sent to her automatically. See C.E. 21 Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987) (“Although a non-attorney 22 may appear in propria persona in his own behalf, that privilege is personal to him . . . . He has no 23 authority to appear as an attorney for others than himself.”). However, nothing prevents 24 petitioner’s mother from accessing the public docket, informing herself of developments in the 25 case, and lending him whatever assistance she is able to provide. 26 Accordingly, it is ORDERED that petitioner’s motion to allow friend of court, ECF No. 8, 27 is DENIED. 28 1 > IT IS SO ORDERED. 3 ( | { Wine Dated: _ June 16, 2022 4 JEREMY D. PETERSON 5 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 2:22-cv-00047

Filed Date: 6/17/2022

Precedential Status: Precedential

Modified Date: 6/20/2024