Wiley

(PC) Terflinger v. Wiley

Good Law
United States District Court, Eastern District of CaliforniaJanuary 16, 20202:17-cv-00902California377 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD TERFLINGER, No. 2:17-cv-0902 AC P Plaintiff, v. ORDER B. WILEY, et al., Defendants. 16 Plaintiff is a state prisoner proceeding through limited appointment counsel with a civil rights action pursuant to 42 U.S.C. § 1983. On January 15, 2020, this matter came before the court for a status conference regarding plaintiff’s competency and the potential appointment of a guardian ad litem for purposes of further settlement proceedings. Lori Rifkin appeared on behalf of plaintiff, and Janet Chen appeared on behalf of defendants. Having considered the documents submitted at ECF Nos. 41 and 46, and the statements of counsel, the court makes the following findings for reasons stated on the record and with the concurrence of all counsel: 1. There has been a substantial showing of incompetence that requires a competency hearing. See Allen v. Calderon, 408 F.3d 1150, 1153 (9th Cir. 2005). 2. Plaintiff…

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