G.C.

G.C. v. San Diego Unified School District

Good Law
United States District Court, Southern District of CaliforniaMarch 15, 20213:21-cv-00019California626 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 G.C., an individual, Case No.: 3:21-cv-00019-L-BGS

Plaintiff,

v. ORDER DENYING WITHOUT

PREJUDICE PLAINTIFF’S MOTION

SAN DIEGO UNIFIED SCHOOL TO DISMISS [DOC. NO. 6]

DISTRICT, Defendant. 17 Pending before the Court is Plaintiff’s motion to dismiss. For the reasons stated 18 below, the motion is DENIED WITHOUT PREJUDICE. 19 On January 6, 2021, Plaintiff filed a petition under Federal Rule of Civil Procedure 20 17 (“FRCP 17”) to appoint a guardian ad litem. (Doc. No. 2). The Court denied the 21 petition without prejudice. (Doc. No. 7); see, e.g., McElroy v. Cox, 2009 U.S. Dist. 22 LEXIS 122179, at *3 (E.D. Cal. Dec. 11, 2009) (a petitioner failed to submit substantial 23 evidence of incompetence because, despite providing recent medical records supporting 24 diagnosis of a mental disability, the petitioner functions well when properly medicated 25 and there is no nexus between his mental disorder and his ability to…

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