(PC) Luevano v. Jenkins ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE LUEVANO, No. 2:22-cv-0091 TLN KJN P 12 Plaintiff, 13 v. ORDER 14 ANTHONY JENKINS, et al., 15 Defendants. 16 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). 27 //// 28 //// 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 14 AO 15 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 16 /uev009 1.gal 17 18 19 20 21 22 23 24 25 %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).