Jenkins
(PC) Luevano v. Jenkins
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE LUEVANO, No. 2:22-cv-0091 TLN KJN P Plaintiff, v. ORDER ANTHONY JENKINS, et al., Defendants. 16 Plaintiff filed a motion for the appointment of a guardian ad litem. As discussed below, plaintiff’s motion is denied without prejudice. Governing Standards Under Federal Rule of Civil Procedure 17(c)(2), “[t]he court must appoint a guardian ad litem -- or issue another appropriate order -- to protect a minor or incompetent person who is unrepresented in an action.” Id. “Although the court has broad discretion and need not appoint a guardian ad litem if it determines the person is or can be otherwise adequately protected, it is under a legal obligation to consider whether the person is adequately protected.” United States v. 30.64 Acres of Land, More or Less, Situated in Klickitat Cnty., State of Wash., 795 F.2d 796, 805 (9th Cir. 1986). //// //// Discussion Plaintiff…