(HC) Bennett v. Lopez

• Court: District Court, E.D. California
• Decided: February 6, 2025
• Docket: 2:23-cv-02885
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID BENNETT, No. 2:23-CV-2885-TLN-CKD 12 Petitioner, 13 v. ORDER 14 TOM LOPEZ, 15 Respondent. 16 17 Petitioner is a state pretrial detainee proceeding without an attorney in this habeas corpus 18 action. On September 4, 2024, petitioner filed a one page motion for the appointment of a 19 guardian ad litem pursuant to Rule 17 of the Federal Rules of Civil Procedure.1 ECF No. 13. To 20 date, petitioner has not provided the court with the names and contact information of any family 21 member or friend who is willing to serve as petitioner’s guardian ad litem. In order to assist the 22 court in resolving the motion, petitioner is directed to supplement his motion by providing the 23 court with a list of any and all individuals willing to serve as his guardian ad litem by February 24 27, 2025, including their names and addresses. 25 ///// 26

27 1 The constructive filing date of the motion has been calculated using the prison mailbox rule since petitioner was confined at Patton State Hospital at the time of filing. See Houston v. Lack, 28 487 U.S. 266 (1988) (establishing the prison mailbox rule). ] Accordingly, IT IS HEREBY ORDERED that petitioner supplement his motion for a 2 || guardian ad litem by providing a list of any and all individuals willing to serve in this capacity by 3 || February 27, 2025. 4 || Dated: February 6, 2025 Card Kt | / py la 4 5 CAROLYN K DELANEY? 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 1] 12 12/benn2885.GAL list 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28