1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ZMH, Case No. 3:19-cv-03840-JD 8 Plaintiff, 9 y. ORDER OF DISMISSAL Re: Dkt. No. 52 10 SAN FRANCISCO UNIFIED SCHOOL DISTRICT, et al., Defendants. 12

13 Plaintiff ZMH is a minor and lacks the capacity to sue on his own. Johns v. Cty of San 14 || Diego,

, 877 (9th Cir. 1997). The Court appointed his mother as guardian ad litem, 3 15 || and she is attempting to litigate the case on ZMH’s behalf. Dkt. No. 26. The guardian is not a 16 || represented by an attorney, and our circuit has determined that “a parent or guardian cannot bring 3 17 || an action on behalf of a minor child without retaining a lawyer.” Jd. Consequently, the case is 18 || dismissed without prejudice to filing a new action as circumstances permit. Id. at 877-78. 19 IT IS SO ORDERED. 20 || Dated: February 1, 2021 21 22 73 JAMES FONATO United Slates District Judge 24 25 26 27 28