Opinion
23-cv-03543-AMO
04-04-2024
TERRANCE TURNER, et al., Plaintiffs, v. SALINAS VALLEY MEMORIAL HOSPITAL, et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
RE: DKT. NOS. 2, 9
ARACELI MARTÍNEZ-OLGUÍN, UNITED STATES DISTRICT JUDGE.
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 reviewed the complaint, Judge Tse's recommendation, and the objections de novo. The Court overrules Plaintiff's objections because they fail to address the deficiencies outlined above and by Judge Tse. Accordingly, the Court finds the Report correct, well-reasoned, and thorough, and ADOPTS the Report and Recommendation.
The Complaint is DISMISSED under Title 28 U.S.C. § 1915(e)(2) with prejudice as to Turner but without prejudice to Martinez filing a separate action on his own behalf.
The Court DENIES as moot Turner's IFP application.
IT IS SO ORDERED.