(PS) McClain v. Strand et al, No. 2:2015cv02009 - Document 5 (E.D. Cal. 2015)
Court Description: FINDINGS and RECOMMENDATIONS, recommending that action be dismissed without prejudice, signed by Magistrate Judge Carolyn K. Delaney on 11/3/2015. These Findings and Recommendations are SUBMITTED to Judge Kimberly J. Mueller. Within 14 days after being served with these F & Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 DONELLE McCLAIN, on behalf of IMHOTEP SALAT Plaintiff, 13 FINDINGS AND RECOMMENDATIONS v. 14 15 No. 2:15-cv-2009 KJM CKD PS MARY STRAND, et al., Defendants. 16 17 This action was filed by plaintiff’s guardian1 in propria persona on behalf of plaintiff. An 18 19 incompetent person can only proceed if represented by counsel. See Johns v. County of San 20 Diego, 114 F.3d 874 (9th Cir. 1997) (citations omitted) (“It goes without saying that it is not in 21 the interest of minors or incompetents that they be represented by non-attorneys. Where they 22 have claims that require adjudication, they are entitled to trained legal assistance so their rights 23 may be fully protected.”). By order filed September 25, 2015, plaintiff was granted thirty days to 24 obtain counsel. Plaintiff was also cautioned that failure to timely obtain counsel would result 25 ///// 26 27 28 1 Attached to the complaint are several exhibits purportedly filed in the Eighth Judicial District Court of the State of Nevada in and for the County of Clark which allegedly demonstrate that Donnelle McClain has been appointed guardian for Imhotep Salat due to his incompetence. 1 1 in a recommendation that the action be dismissed without prejudice. Plaintiff has failed to obtain 2 counsel and has not otherwise responded to the court’s order. 3 4 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 10 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 11 Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: November 3, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 13 14 15 16 4 mcclain2009.cou.ftc 17 18 19 20 21 22 23 24 25 26 27 28 2
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