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CROSNO v. SANTEE SCHOOL BOARD

United States District Court, S.D. California


October 13, 2005.

STEPHEN M. CROSNO, Plaintiff,
v.
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. ยง 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 reopened.

  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.

20051013

© 1992-2005 VersusLaw Inc.



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