(PC) Smithee v. California Correctional Institution

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DANA SMITHEE, et al., Case No. 1:19-cv-0004-JLT-CDB (PC)

Plaintiffs, ORDER DENYING WITHOUT PREJUDICE

MOTION TO SUBSTITUTE GUARDIAN AD

v. LITEM FOR MINOR PLAINTIFF E.M.

PRATAP NARAYAN, et al., (Doc. 193)

Defendants. SEVEN-DAY DEADLINE

Plaintiffs Dana Smithee and E.M., a minor, by and through her guardian ad litem Jennifer Montes (collectively, “Plaintiffs”), seek to recover damages following the death by suicide of Smithee’s son, Cyrus Ayers, while he was incarcerated at California Correctional Institution (“CCI”). In the operative sixth amended complaint (Doc. 142), Plaintiffs assert a claim pursuant to 42 U.S.C. § 1983 for deliberate indifference against Defendant Pratap Narayan, M.D., who at the time of the decedent’s passing was CCI’s chief psychiatrist during the months leading up to the suicide. On January 9, 2019, the Court granted the petition to appoint Jennifer Montes as guardian ad litem for minor Plaintiff E.M. …