Janee L. Pacheco v. Anaheim Union High School District

• Court: District Court, C.D. California
• Decided: October 11, 2024
• Docket: 8:24-cv-00525
• Status: Unknown

Opinion

1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JANEE L. PACHECO, Case No. SACV 24-0525 JFW (PVC)

12 Plaintiff, ORDER GRANTING PLAINTIFF’S 13 v. REQUEST TO VOLUNTARILY DISMISS ACTION PURSUANT TO 14 ANAHEIM UNION HIGH SCHOOL FED. R. CIV. P. 41(a)(2) DISTRICT, et al., 15 Defendants. 16 17 18 On March 8, 2024, Janee L. Pacheco (Guardian) filed a civil rights complaint on 19 behalf of her minor son KJ (Plaintiff), a California junior high school student. (Dkt. No. 20 1). On June 4, 2024, the Court denied Plaintiff’s Motion for Appointment of Counsel, 21 noting that there is no constitutional right to appointed counsel in a civil action. (Dkt. No. 22 27). On July 8, 2024, Defendants filed three separate Motions to Dismiss, asserting that 23 Guardian could not proceed without counsel. (Dkt. Nos. 34, 35, 36). 24 25 At a September 24, 2024 hearing, the Court admonished Guardian that pursuant to 26 binding Ninth Circuit precedent, “a non-attorney parent must be represented by counsel in 27 bringing an action on behalf of his or her child.” Grizzell v. San Elijo Elementary Sch., 28 1 | 110 F.4th 1177, 1179 (9th Cir. 2024). (Dkt. No. 50). The Court postponed ruling on the 2 || Motions to Dismiss for 30 days to give Guardian additional time to secure counsel. (/d.). 3 4 Pending before the Court is Plaintiff's “Motion to Withdraw,” which the Court 5 || construes as a request to voluntarily dismiss the action without prejudice pursuant to Fed. 6 || R. Civ. P. 41(a)(2). “Request,” Dkt. No 51). In her Request, Guardian asserts that she 7 || has found an attorney willing to represent Plaintiff, contingent upon Guardian’s ability to 8 || raise sufficient funds to cover the attorney’s retainer fee. (/d. at 1). Guardian believes 9 || that it will take her at least 90 days to secure the necessary funds. (/d.). Accordingly, she 10 || requests that “this case be withdrawn without prejudice, with the understanding that it 11 || may be refiled once the necessary funds have been raised and counsel retained.” (/d. at 12 || 2). 13 14 Finding good cause, Plaintiff's Request is GRANTED. Pursuant to Fed. R. Civ. P. 15 |} 41(a)(2), this action is DISMISSED WITHOUT PREJUDICE. The pending Motions to 16 || Dismiss ace DENIED WITHOUT PREJUDICE AS MOOT. 17 18 || DATED: October 11, 2024 19 20 : 21 ITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28