Opinion
23-CV-03543-AGT
01-23-2024
TERRANCE TURNER, et al., Plaintiffs, v. SALINAS VALLEY MEMORIAL HOSPITAL, et al., Defendants.
REPORT AND RECOMMENDATION RE: DKT. NOS. 1, 2
Alex G. Tse, United States Magistrate Judge
Terrance Turner's pro se complaint “fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). The defect in his complaint cannot be cured by amendment, so the undersigned (i) directs the Clerk of the Court to reassign the case to a district judge and (ii) recommends that the district judge dismiss the action with prejudice.
Turner is suing various medical providers for injuries allegedly suffered by “Co-Plain-tiff Christopher Martinez.” Dkt. 1 at 4. Turner is appearing pro se and cannot pursue claims on someone else's behalf. “A pro se plaintiff can only ‘prosecute his own action in propria per-sona,' and ‘has no authority to prosecute an action in federal court on behalf of others.'” United States ex rel. Welch v. My Left Foot Children's Therapy, LLC, 871 F.3d 791, 800 n.2 (9th Cir. 2017) (quoting Stoner v. Santa Clara Cnty. Office of Educ., 502 F.3d 1116, 1126 (9th Cir. 2007)). Because Turner lacks authority to pursue the claims he's asserted, his complaint should be dismissed with prejudice. The dismissal should apply only to Turner's complaint and not bar Christopher Martinez from filing his own action.
Given the above recommendation, the undersigned won't separately evaluate at this time whether Turner can pay the filing fee. See Dkt. 2 (IFP application); Turner v. Wholesale Payments, No. 23-cv-03380-DMR, Dkt. 19, Order to Show Cause (questioning the accuracy of statements Turner has made about his income in other IFP applications).
IT IS SO ORDERED.