(PS)Radionova v. Unknown, No. 2:2012cv01501 - Document 10 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/6/12 recommending that this Action be dismissed without prejudice. These Findings and Recommendations are submitted to U.S. District Judge Garland E. Burrell, Jr. (Mena-Sanchez, L)

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(PS)Radionova v. Unknown Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OLENA RADIONOVA, 11 12 13 14 Plaintiff, No. CIV S-12-1501 GEB CKD PS Defendant. FINDINGS AND RECOMMENDATIONS vs. UNKNOWN, 15 / 16 In this action, plaintiff challenges her confinement to a locked mental health 17 facility. Plaintiff asserts her conservator unfairly placed her in the locked facility. Plaintiff 18 further asserts that she is presently contesting her confinement in the California Court of Appeal 19 and that a court date is in the process of being set with the El Dorado County Superior Court for 20 a six month conservatorship review. 21 Plaintiff is proceeding in this action in propria persona. Because a conservator 22 has been appointed for plaintiff, it appears she is incompetent to proceed in this action on her 23 own behalf. An incompetent person can only proceed if represented by counsel. Johns v. County 24 of San Diego, 114 F. 3d 874, 877 (9th Cir. 1997) (minors must be represented by attorney); see 25 also Meeker v. Kercher, 782 f.2d 153, 154 (10th Cir. 1986) (“it is not in the interest of minors or 26 incompetents that they be represented by non-attorneys”). 1 Dockets.Justia.com By order filed June 18, 2012,1 plaintiff was directed to obtain counsel no later than 1 2 July 31, 2012. That time period has passed and plaintiff has failed to obtain counsel. Due to 3 plaintiff’s incompetence, she cannot proceed forward without counsel. The case should therefore 4 be dismissed without prejudice. 5 6 7 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. Dated: August 6, 2012 8 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 4 radionova.ftc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 25 26 Plaintiff’s complaint alleges that she is represented by counsel Linda Zachritz in the appeal process. Plaintiff further alleges that her conservator is Mari Robertson and that she was represented by counsel Jeff Wilson in the conservatorship proceedings. The court directed that a copy of that order be served on those three individuals as well as plaintiff’s parents. 2

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