Church

Church v. Kernan

Good Law
United States District Court, Eastern District of CaliforniaOctober 22, 20191:19-cv-00915California521 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JUDY RONNINGEN CHURCH, et al., ) Case No.: 1:19-cv-0915 DAD JLT ) Plaintiff, ) ORDER TO PLAINTIFF D.C. TO SHOW CAUSE ) WHY THE ACTION SHOULD NOT BE v. ) DISMISSED FOR FAILURE TO COMPLY WITH ) THE COURT’S ORDER AND FAILURE TO SCOTT KERNAN, et al., ) PROSECUTE ) Defendants. ) ) )

Plaintiffs contend the defendants are liable for violations of their civil rights and those of Daniel Church, who died while in custody. (Doc. 1) D.C., the son of decedent, seeks to bring his claims through Cheyenne Dakota Morales, his legal guardian. (See id. at 2) On September 19, 2019, the Court noted a guardian ad litem is necessary in this action, because the claims of D.C. “may only be brought ‘by a next friend or guardian ad litem.’” (Doc. 3 at 1, citing Fed. R. Civ. P. 17(c)(2)) However, no petition for appointment of a guardian ad litem was filed. Therefore, the Court ordered Plaintiff to file a motion for the appointment of…

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