UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 24, 2011
ARCHIE LEE PARKS JR.,
BRENDA M. CASH, RESPONDENT.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER DENYING PETITIONER'S MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM [Doc. 3]
Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner filed the instant petition for writ of habeas corpus on March 18, 2011. On this same date, Petitioner also filed a motion for appointment of a guardian ad litem.
Pursuant to Rule 17(c) of the Federal Rules of Civil Procedure, the Court may appoint a guardian ad litem to protect a incompetent person who is not represented in the action.
Fed.R.Civ.P. 17(c); see also Allen v. Calderon, 408 F.3d 1150 (9th Cir. 2005). Although Petitioner contends he is mentally incompetent and he is pursuing this action with the assistance of a jailhouse lawyer, Petitioner has not demonstrated that he is incompetent to prosecute this action, and his motion for the appointment of a guardian ad litem must be denied.
IT IS SO ORDERED.
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