(SS) Martinez v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaMay 17, 20211:21-cv-00784California561 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 J.E.S, Case No. 1:21-cv-00784-SAB

Plaintiff, ORDER GRANTING PETITION FOR

APPOINTMENT OF GUARDIAN AD LITEM

v. (ECF No. 3) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant.

17 On May 14, 2021, a complaint in this action was filed along with a petition for 18 appointment as a guardian ad litem for J.E.S., a minor. Katrina M. Martinez, who is J.E.S’s 19 mother and has custody of him, seeks to be appointed as guardian ad litem for J.E.S. 20 Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of an 21 incompetent person may sue or defend on the incompetent person’s behalf. Fed. R. Civ. P. 17(c). 22 This requires the Court to take whatever measures it deems appropriate to protect the interests of 23 the individual during the litigation. United States v. 30.64 Acres of Land, More or Less, Situated 24 in Klickitat Cty., State of Wash., 795 F.2d 796, 805 (9th Cir. 1986). The appointment of the 25 guardian ad litem is more than a mere formality. Id. “A…

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