(PS) Chepel, et al v. Cohen, et al, No. 2:2009cv03548 - Document 5 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/19/10 RECOMMENDING that the minor plaintiffs and plaintiff Roof Vera Chepel, as guardian ad litem for the minor plaintiffs, be dismissed without prejudice. Objections to F&R due within 14 days. (Williams, D) Modified on 4/20/2010 (Williams, D).

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(PS) Chepel, et al v. Cohen, et al Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 IGOR CHEPEL; ROOF VERA CHEPEL, as guardian ad litem for minors, ERICK CHEPEL, JASON CHEPEL, and ASHLEY CHEPEL, 12 Plaintiffs, No. 2:09-cv-03548 JAM KJN PS 13 v. 14 15 16 THE LAW OFFICE OF FREDERICK S. COHEN; FREDERICK S. COHEN, individually; MARY ROSS; DR. LARRY NICHOLAS; and DOES 1 through 20, 17 Defendants. FINDINGS AND RECOMMENDATION 18 / 19 20 In an order filed March 12, 2010, the court determined that plaintiff Roof Vera 21 Chepel could not represent the three minor plaintiffs in this action as a guardian ad litem because 22 “a parent or guardian cannot bring an action on behalf of a minor child without retaining a 23 lawyer.” Johns v. County of San Diego, 114 F.3d 874, 877 (9th Cir. 1997); accord Lin v. 24 Ashcroft, 377 F.3d 1014, 1025 (9th Cir. 2004). (Dkt. No. 4.) Thus, the court granted plaintiffs 25 30 days from the date of that order to retain legal representation for the minor plaintiffs, Erick 26 Chepel, Jason Chepel, and Ashley Chepel. The court cautioned plaintiffs that failure to retain a 1 Dockets.Justia.com 1 licensed attorney to represent the minor plaintiffs would result in a recommendation that the 2 minor plaintiffs and plaintiff Roof Vera Chepel, as guardian ad litem, be dismissed from the 3 action without prejudice. 4 The court’s docket reflects that no licensed attorney has entered an appearance on 5 behalf of minor plaintiffs Erick Chepel, Jason Chepel, and Ashley Chepel in this action. 6 Accordingly, it is HEREBY RECOMMENDED that: 7 8 1. dismissed from this action without prejudice; and 9 10 Minor plaintiffs Erick Chepel, Jason Chepel, and Ashley Chepel be 2. Plaintiff Roof Vera Chepel, as guardian ad litem for the three minor plaintiffs, be dismissed from this action without prejudice. 11 These findings and recommendations are submitted to the United States District 12 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 13 days after being served with these findings and recommendations, any party may file written 14 objections with the court and serve a copy on all parties. Such a document should be captioned 15 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 16 within the specified time may waive the right to appeal the District Court’s order. Turner v. 17 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 18 1991). 19 DATED: April 19, 2010 20 21 22 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 23 24 25 26 2

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