Estate of Ezekiel Rivera v. Kern County Sheriff's Department

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ESTATE OF EZEKIEL RIVERA, et al. Case No. 1:24-cv-00176-JLT-CDB

Plaintiffs, ORDER DENYING WITHOUT PREJUDICE

PETITION FOR APPOINTMENT OF GUARDIAN

v. AD LITEM OF MINOR E.R.

KERN COUNTY SHERIFF’S (Doc. 3) DEPARTMENT, et al. 15 Defendants. 16

Pending before the Court is Plaintiff E.R.’s petition to appoint Josephina Villareal as his

guardian ad litem, filed February 7, 2024. (Doc. 3). Because the petition does not comply with Local Rule 202, the Court will deny the petition without prejudice. Legal Standard Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of a minor or incompetent person may sue or defend on the minor or incompetent person’s behalf. Fed. R. Civ. P. 17(c). A 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. The capacity of an individual to sue is determined “by the law of the individual’s…