Guzman v. Commissioner of Social Security, 1:18-cv-0889-JLT. (2019)
Court: District Court, E.D. California
Number: infdco20190916577
Visitors: 17
Filed: Sep. 13, 2019
Latest Update: Sep. 13, 2019
Summary: ORDER DIRECTING PLAINTIFF FILE A MOTION FOR APPOINTMENT OF A GUARDIAN AD LITEM JENNIFER L. THURSTON , Magistrate Judge . Plaintiff seeks judicial review of the administrative decision denying her application for Social Security benefits. (Doc. 1; Doc. 16) The Court's review of the administrative record and briefing on the challenges to the administrative decision revealed that Plaintiff is a school-age child. Because Plaintiff is a minor, she is unable to prosecute the claims presented in t
Summary: ORDER DIRECTING PLAINTIFF FILE A MOTION FOR APPOINTMENT OF A GUARDIAN AD LITEM JENNIFER L. THURSTON , Magistrate Judge . Plaintiff seeks judicial review of the administrative decision denying her application for Social Security benefits. (Doc. 1; Doc. 16) The Court's review of the administrative record and briefing on the challenges to the administrative decision revealed that Plaintiff is a school-age child. Because Plaintiff is a minor, she is unable to prosecute the claims presented in th..
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ORDER DIRECTING PLAINTIFF FILE A MOTION FOR APPOINTMENT OF A GUARDIAN AD LITEM
JENNIFER L. THURSTON, Magistrate Judge.
Plaintiff seeks judicial review of the administrative decision denying her application for Social Security benefits. (Doc. 1; Doc. 16) The Court's review of the administrative record and briefing on the challenges to the administrative decision revealed that Plaintiff is a school-age child. Because Plaintiff is a minor, she is unable to prosecute the claims presented in the complaint and her claims may only be brought "by a next friend or a guardian ad litem." See Fed. R. Civ. P. 17(c)(2).
In addition, pursuant to Local Rule 202,
Upon commencement of an action or upon initial appearance in defense of an action by or on behalf of a minor or incompetent person, the attorney representing the minor or incompetent person shall present (1) appropriate evidence of the appointment of a representative for the minor or incompetent person under state law or (2) a motion for the appointment of a guardian ad litem by the Court, or, (3) a showing satisfactory to the Court that no such appointment is necessary to ensure adequate representation of the minor or incompetent person.
Id. (citing Fed. R. Civ. P. 17(c)). However, the complaint failed to inform the Court that Plaintiff is a minor, there is no evidence identified of the appointment of a representative for the minor child, and no showing that such an appointment is not necessary. Thus, Plaintiff must proceed through a guardian ad litem. Accordingly, the Court ORDERS: Plaintiff SHALL file a motion appointment of a guardian ad litem no later than September 20, 2019.
IT IS SO ORDERED.
Source: Leagle
