Ornoski

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTONIO ESPINOZA, No. 2:94-cv-1665 KJM DB Petitioner, v. ORDER WARDEN, San Quentin State Prison, Respondent. 16 Petitioner is a state prisoner proceeding through counsel with a petition for a writ of habeas corpus under 28 U.S.C. §2254. In an order filed September 21, 2023, this court considered the appropriate procedures for resolving petitioner’s counsel’s motion to determine incompetency and appoint a guardian ad litem. (ECF No. 320.) Citing Chief Judge Mueller’s opinion in AT & T Mobility LLC v. Yeager, No. 2:13-CV-0007-KJM-DAD, 2015 WL 4751185, at *3 (E.D. Cal. Aug. 11, 2015), this court found that “notice and a hearing are the minimum [due process] required” in determining a party’s competency under Federal Rule of Civil Procedure 17. This court determined that the first step for considering counsel’s motion is a hearing to permit the undersigned to question petitioner about his understanding of the…