Turner

Turner v. Salinas Valley Memorial Hospital

Good Law
United States District Court, Northern District of CaliforniaApril 4, 20243:23-cv-03543California318 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TERRANCE TURNER, et al., Case No. 23-cv-03543-AMO

Plaintiffs,

ORDER ADOPTING MAGISTRATE

v. JUDGE’S REPORT AND

RECOMMENDATION

SALINAS VALLEY MEMORIAL HOSPITAL, et al., Re: Dkt. Nos. 2, 9 11 Defendants.

12 The Court has reviewed Magistrate Judge Alex G. Tse’s Report and Recommendation to dismiss this action for failure to state a claim pursuant to 28 U.S.C. § 1915(e). Judge Tse found that Terrance Turner, as a pro se plaintiff, lacks authority to pursue the claims he asserts on behalf of Christopher Martinez. See ECF 9 (citing United States ex rel. Welch v. My Left Foot Children’s Therapy, LLC, 871 F.3d 791, 800 n.2 (9th Cir. 2017)). Judge Tse thus recommends the complaint be dismissed with prejudice as to Turner because he lacks authority to pursue the claims he has asserted, but the dismissal should not bar Christopher Martinez from filing his own action. Turner timely submitted objections to the order. ECF 11. The Court has…

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