Opinion

(PC) Luevano v. Jenkins

Court
District Court, E.D. California
Filed
Oct 31, 2023
Cited by
0 cases
Authority
More cited than 18.4%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 JOSE LUEVANO, No. 2:22-cv-0091 TLN KJN P

12 Plaintiff,

13 v. ORDER

14 ANTHONY JENKINS, et al.,

15 Defendants.

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17 Plaintiff filed a motion for the appointment of a guardian ad litem. As discussed below,

18 plaintiff’s motion is denied without prejudice.

19 Governing Standards

20 Under Federal Rule of Civil Procedure 17(c)(2), “[t]he court must appoint a guardian ad

21 litem -- or issue another appropriate order -- to protect a minor or incompetent person who is

22 unrepresented in an action.” Id. “Although the court has broad discretion and need not appoint a

23 guardian ad litem if it determines the person is or can be otherwise adequately protected, it is

24 under a legal obligation to consider whether the person is adequately protected.” United States v.

25 30.64 Acres of Land, More or Less, Situated in Klickitat Cnty., State of Wash., 795 F.2d 796, 805

26 (9th Cir. 1986).

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1 Discussion

2 Plaintiff states, inter alia, that he is in the mental health program at the EOP level of care

3 | and is prescribed psychotropic medications.' In his motion, plaintiff claims his legal assistant is

4 | writing plaintiffs opposition to the pending motion for summary judgment based on plaintiff’s

5 || alleged failure to exhaust administrative remedies, but such assistance is only temporary.

6 || Subsequently, plaintiff filed a motion for extension of time claiming he now has the assistance of

7 || ajailhouse lawyer to file an opposition to the pending motion for summary judgment. □□□□□□□□□□□

8 | motion was granted, and he was provided an additional thirty days in which to file an opposition.

9 Because plaintiff has assistance to oppose the pending motion, plaintiff's motion for

10 | guardian ad litem is denied without prejudice.

11 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion (ECF No. 49) is denied

12 | without prejudice.

13 || Dated: October 30, 2023

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AO

15 KENDALL J. NE

UNITED STATES MAGISTRATE JUDGE

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/uev009 1.gal

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%6 ' The Mental Health Services Delivery System Program Guide for the California Department of

Corrections and Rehabilitation provides four levels of mental health care services: Correctional

27 || Clinical Case Management System (“CCCMS”); Enhanced Outpatient (“EOP”); Mental Health

Crisis Bed (“MHCB?”) and inpatient hospital care. Coleman v. Brown, 2013 WL 6491529, at *1

28 | (E.D. Cal. Dec. 10, 2013).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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