(PS) G. et al v. United States of America et al, No. 2:2016cv01476 - Document 16 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/5/17 recommending that the minor Plaintiffs, J.G. and J.L. re be dismissed without prejudice. These Findings and Recommendations are submitted to U.S. District Judge John A. Mendez; Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)

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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 J. G., a minor, by and through his Guardian Ad Litem, et al., Plaintiffs, 13 14 15 16 No. 2:16-cv1476 JAM CKD PS FINDINGS AND RECOMMENDATIONS v. UNITED STATES OF AMERICA, et al., Defendants. 17 18 In this action, plaintiffs are proceeding in propria persona. Two of the named plaintiffs in 19 this action are minors. A minor can only proceed if represented by counsel. Johns v. County of 20 San Diego, 114 F.3d 874 (9th Cir. 1997). Plaintiffs were therefore directed to obtain counsel for 21 the minor plaintiffs no later than March 31, 2017 and cautioned that failure to obtain counsel 22 would result in a recommendation that the minor children be dismissed without prejudice. 23 Plaintiffs have failed to comply with the court’s order. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that the minor plaintiffs, J.G. and J.L. be dismissed without prejudice. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 3 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 4 Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: April 5, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 4 jg-usa476.min 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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