(PC) Smithee v. California Correctional Institution
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANA SMITHEE, et al, Case No. 1:19-cv-0004 JLT CDB (PC)
Plaintiffs,
ORDER DENYING REQUEST FOR
v. RECONSIDERATION OF ORDER
SUBSTITUTING GUARDIAN AD LITEM
PRATAP NARAYAN, et al., (Docs. 199, 200) Defendants.
16 Dana Smithee and E.M., a minor, seek to recover damages following the death by suicide of Smithee’s son and E.M.’s father, Cyrus Ayers, while Cyrus was incarcerated at California Correctional Institution (“CCI”). The matter is scheduled for a settlement conference before U.S. Magistrate Judge Chi Soo Kim on April 11, 2025. (Doc. 192.) On January 7, 2019, Jennifer Montes, E.M.’s mother, was appointed as E.M.’s guardian ad litem. (Doc. 9.) On March 31, 2025, Plaintiffs moved to substitute Dana Smithee as E.M.’s guardian ad litem in place of Ms. Montes, with both Ms. Montes and Ms. Smithee consenting to the substitution. (Doc. 193.) On April 1, 2025, the assigned magistrate judge denied that motion without prejudice to the…