United States District Court, S.D. California
October 13, 2005.
STEPHEN M. CROSNO, Plaintiff,
SANTEE SCHOOL BOARD Defendants.
The opinion of the court was delivered by: JOHN HOUSTON, Magistrate Judge
ORDER DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA
PAUPERIS; AND DISMISSING THE COMPLAINT WITHOUT PREJUDICE
On September 2, 2005, plaintiff Stephen M. Crosno ("Stephen
M."), a minor, filed a complaint through his father Stephen
Crosno, alleging that defendant violated his constitutional
rights under the First and Fourteenth Amendments of the
United States Constitution, defamation and impairing plaintiff's
fundamental rights to education. Plaintiff also submitted a
motion to proceed in forma pauperis pursuant to
28 U.S.C. § 1915(a).
Upon review of the complaint, the Court finds it appropriate to
sua sponte dismiss the action without prejudice. In the Ninth
Circuit, "a parent or guardian cannot bring an action on behalf
of a minor child without retaining a lawyer." Johns v. County of
San Diego, 114 F.3d 874, 877 (9th Cir. 1997). Stephen M., a
student at Pepper Drive School,*fn1 is a minor. See
Complaint at 2. Stephen Crosno, Stephen M.'s father, filed the
instant complaint as a "Parent of Plaintiff" without
representation of counsel. Id. at 10. Because of plaintiff
Stephen M.'s status as a minor, and because he is not represented
by counsel in the instant matter, the suit must be dismissed
sua sponte without prejudice. Should plaintiff retain counsel
within thirty (30) days of the date this Order is filed, the case will be
Accordingly, IT IS HEREBY ORDERED:
1. Plaintiff's complaint is DISMISSED without prejudice.
2. Plaintiff's motion to proceed in forma pauperis is
DENIED as moot.
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