Turner v. Salinas Valley Memorial Hospital

Opinion

1 2 3 6 7 TERRANCE TURNER, et al., Case No. 23-cv-03543-AMO

8 Plaintiffs, ORDER ADOPTING MAGISTRATE 9 v. JUDGE’S REPORT AND RECOMMENDATION HOSPITAL, et al., Re: Dkt. Nos. 2, 9 11 Defendants.

12 13 The Court has reviewed Magistrate Judge Alex G. Tse’s Report and Recommendation to 14 dismiss this action for failure to state a claim pursuant to 28 U.S.C. § 1915(e). Judge Tse found 15 that Terrance Turner, as a pro se plaintiff, lacks authority to pursue the claims he asserts on behalf 16 of Christopher Martinez. See ECF 9 (citing United States ex rel. Welch v. My Left Foot 17 Children’s Therapy, LLC, 871 F.3d 791, 800 n.2 (9th Cir. 2017)). Judge Tse thus recommends the 18 complaint be dismissed with prejudice as to Turner because he lacks authority to pursue the claims 19 he has asserted, but the dismissal should not bar Christopher Martinez from filing his own action. 20 Turner timely submitted objections to the order. ECF 11. The Court has reviewed the 21 complaint, Judge Tse’s recommendation, and the objections de novo. The Court overrules 22 Plaintiff’s objections because they fail to address the deficiencies outlined above and by Judge 23 Tse. Accordingly, the Court finds the Report correct, well-reasoned, and thorough, and ADOPTS 24 the Report and Recommendation. 25 // 26 // 27 // 1 The Complaint is DISMISSED under Title 28 U.S.C. § 1915(e)(2) with prejudice as to 2 Turner but without prejudice to Martinez filing a separate action on his own behalf. 3 The Court DENIES as moot Turmer’s IFP application. 5 Dated: April 4, 2024 = 6 . ARACELI MARTINEZ-OLGUIN 7 United States District Judge 8 9 10 11 12

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