SWANSON v. YUBA CITY UNIFIED SCHOOL DISTRICT, 2:14-cv-1431 KJM DAD. (2014)
Court: District Court, E.D. California
Number: infdco20140715730
Visitors: 18
Filed: Jun. 30, 2014
Latest Update: Jun. 30, 2014
Summary: ORDER KIMBERLY J. MUELLER, District Judge. Plaintiffs David Swanson through his guardian ad litem Heather Swanson-Houston, and Heather Swanson-Houston suing on her own behalf, have filed this action alleging generally that defendants have refused to provide a free and appropriate education for Swanson and to accommodate his disability. ECF No. 1. When the action was filed, only David Swanson filed a request to proceed in forma pauperis. The court denied the request because Swanson-Houston had
Summary: ORDER KIMBERLY J. MUELLER, District Judge. Plaintiffs David Swanson through his guardian ad litem Heather Swanson-Houston, and Heather Swanson-Houston suing on her own behalf, have filed this action alleging generally that defendants have refused to provide a free and appropriate education for Swanson and to accommodate his disability. ECF No. 1. When the action was filed, only David Swanson filed a request to proceed in forma pauperis. The court denied the request because Swanson-Houston had n..
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ORDER
KIMBERLY J. MUELLER, District Judge.
Plaintiffs David Swanson through his guardian ad litem Heather Swanson-Houston, and Heather Swanson-Houston suing on her own behalf, have filed this action alleging generally that defendants have refused to provide a free and appropriate education for Swanson and to accommodate his disability. ECF No. 1. When the action was filed, only David Swanson filed a request to proceed in forma pauperis. The court denied the request because Swanson-Houston had not sought to proceed in forma pauperis. ECF No. 3. Both plaintiffs have now submitted requests to proceed in forma pauperis. ECF Nos. 7 & 8. As both qualify to proceed without prepayment of fees, the court grants both requests and allows the action to proceed without payment of the filing fee.
In addition, Swanson-Houston has applied to act as guardian ad litem for Swanson, who is an incompetent adult. Under Rule 17(c)(2) of the Federal Rules of Civil Procedure, the court must appoint a guardian ad litem for an incompetent litigant and accordingly approves this request.
IT IS THEREFORE ORDERED that:
1. Both applications to proceed in forma pauperis, ECF Nos. 7 & 8, are granted and the case may proceed without payment of the filing fee; and
2. Heather Swanson Houston is appointed as guardian ad litem for David Swanson.
Source: Leagle
