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Kee Lee, et al v. United States Department of Agriculture

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 1, 2011

KEE LEE, ET AL.,
PLAINTIFFS,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER REGARDING APPLICATION TO PROCEED IN FORMA PAUPERIS

Plaintiffs Kee Lee, Song Yang and Chins Market and Kitchen filed the instant complaint on May 31, 2011. However, only Plaintiff Kee Lee submitted an application to proceed in forma pauperis. If Plaintiff Song Yang is not a minor and wishes to proceed as a plaintiff in this action, then Song Yang must submit a separate application to proceed in forma pauperis. *fn1 If Song Yang is a minor and Plaintiff Lee wishes to proceed on Song Yang's behalf, then Plaintiff Lee must submit an application for appointment of a guardian ad litem. Plaintiff Lee is forewarned, however, that a non-attorney parent or guardian cannot bring an action on behalf of a minor child without retaining an attorney. Johns v. County of San Diego, 114 F.3d 874, 877 (9th Cir. 1997).

Accordingly, within thirty (30) days of the date of this order: (1) Plaintiff Song Yang must submit an application to proceed in forma pauperis; OR (2) Plaintiffs must submit an application for appointment of a guardian ad litem and proof of representation.

As to Chins Market and Kitchen, Plaintiffs are informed that a corporation or other entity may appear only by an attorney. Local Rule 183(a). Further, only natural persons may proceed in forma pauperis under 28 U.S.C. § 1915. Therefore, Chins Market and Kitchen must submit proof of representation and payment of the filing within thirty (30) days of the date of this order. If the parties fail to comply with this order, then Song Yang and Chins Market and Kitchen will be dismissed from this action without prejudice. Complete failure to respond to this order will result in a recommendation that this action be dismissed.

IT IS SO ORDERED.


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