ZMH v. San Francisco Unified School District

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ZMH, Case No. 3:19-cv-03840-JD Plaintiff, y. ORDER OF DISMISSAL

Re: Dkt. No. 52

SAN FRANCISCO UNIFIED SCHOOL

DISTRICT, et al.,

Defendants.

Plaintiff ZMH is a minor and lacks the capacity to sue on his own. Johns v. Cty of San Diego, 114 F.3d 874, 877 (9th Cir. 1997). The Court appointed his mother as guardian ad litem, || 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 || an action on behalf of a minor child without retaining a lawyer.” Jd. Consequently, the case is dismissed without prejudice to filing a new action as circumstances permit. Id. at 877-78. IT IS SO ORDERED.

Dated: February 1, 2021

73 JAMES FONATO

United Slates District Judge