Palomares

Palomares v. City of Arvin

Good Law
United States District Court, Eastern District of CaliforniaMarch 14, 20231:21-cv-01745California1,263 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MANUEL PALOMARES, Case No. 1:21-cv-01745-JLT-CDB

Plaintiff, ORDER DENYING PETITION TO APPOINT

GUARDIAN AD LITEM WITHOUT

v. PREJUDICE

CITY OF ARVIN, ET AL., (Doc. 27)

Defendants.

16 Pending before the Court is Plaintiff’s petition to appoint his niece, Violeta Negrete Garcia (Garcia), as his guardian ad litem. (Doc. 27). Because the petition does not provide substantial evidence of incompetence and does not conform to the requirements of Local Rule 202, the petition will be denied without prejudice. LEGAL STANDARD Under Rule 17 of the Federal Rules of Civil Procedure, a representative of an incompetent person may litigate on that person’s behalf. Fed R. Civ. P. 17(c)(2). “The court is under a ‘legal obligation’ to consider whether an incompetent person is adequately protected.” Jurgens v. Dubendorf, No. 2:14-cv-2780-KJM-DAD, 2015 WL 6163464, *3 (E.D. Cal. Oct. 19, 2015) 26 …

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