Golin

Golin v. Allenby

Good Law
135 F. App'x 978
United States Court of Appeals for the Ninth CircuitJune 22, 2005No. 04-15900; D.C. No. CV-03-04752-WHACalifornia482 words

Opinion

Lead Opinion

MEMORANDUM **

Jeffrey and Elsie Golin (“Golins”), parents of Nancy Golin, appeal pro se the dismissal of their 42 U.S.C. § 1983 civil rights action challenging a state proceeding in which the Director of the California Department of Developmental Services was appointed Nancy Golin’s permanent limited conservator. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo questions of standing and the district court’s ruling on a motion to dismiss. Tyler v. Cuomo, 236 F.3d 1124, 1131 (9th Cir.2000). We review for abuse of discretion the decision not to appoint a guardian ad litem. United States v. 30.64 Acres of Land, More or Less, Situated in Klickitat County, State of Wash., 795 F.2d 796, 804 (9th Cir.1986). We affirm.

The Golins contend that they had standing to pursue claims on behalf of Nancy Golin because she is their daughter. However, the district court properly concluded that the Golins did not have standing because Nancy Golin had previously been found incompetent and a conservator had been appointed. See Fed.R.Civ.P. 17(b) (requiring that capacity of an individual to sue be determined by the law of that individual’s domicile); Cal. Civ. Proc. § 372(a) (requiring…

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