Free Report and Recommendations (CV) - District Court of California - California

Case 3:07-cv-02221-BEN-NLS

Document 6

Filed 02/20/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On November 20, 2007, Plaintiff filed a complaint in this matter alleging civil rights violations, violations under the Americans with Disabilities Act and negligence. [Doc. No. 1.] The same day the Court issued summons as to all the named defendants. On December 3, 2007 the Court received Plaintiff's Petition and Order for Appointment of Guardian Ad Litem (Pet'n), and had it filed on February 12, 2008. [Doc. No. 4.] On February 13, 2008, the district judge referred this ex parte application to the undersigned for a report and recommendation. [Doc. No. 5.] Plaintiff Henry Kodimer was born on November 16, 1971. Pet'n ¶ 1. He has suffered from paranoid schizophrenia for the majority of his life and has been a quadriplegic since sustaining injuries on February 18, 2007. Pet'n ¶ 1; see, e.g., Compl. ¶¶ 11-15 (explaining more facts about Plaintiff's mental illness). Henry Kodimer has no general guardian. Pet'n ¶ 3. He asks that the Court appoint his mother, Lyn Ramskill, as his guardian ad litem. 1 ) ) ) ) Plaintiff, ) v. ) CITY OF ESCONDIDO, COUNTY OF SAN ) ) DIEGO, OFFICER WYSE, OFFICER UMSTOT, SERGEANT DISTEL, and DOE ) DEFENDANTS 1 through 10, inclusive, ) ) ) Defendants. ) HENRY KODIMER, by and through his guardian ad litem, LYN RAMSKILL, Civil No.07cv2221 BEN (NLS) REPORT AND RECOMMENDATION FOR ORDER APPOINTING GUARDIAN AD LITEM [Doc. No. 4] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

07cv2221 BEN (NLS)

Case 3:07-cv-02221-BEN-NLS

Document 6

Filed 02/20/2008

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Under the Federal Rules,1 if an incompetent person is not represented by a general guardian, committee, conservator or other fiduciary, the Court must appoint a guardian ad litem or issue another order to protect that unrepresented person in a lawsuit. Fed. R. Civ. Proc. 17(c). Here, Henry Kodimer is apparently mentally incompetent due to his acute paranoid schizophrenia. Compl. ¶ 11. He has no general guardian. At the time of the acts alleged in the complaint, Kodimer was living with his mother, Lyn Ramskill, at her home in Escondido. Compl. ¶ 11. Lyn Ramskill has no interests apparently adverse to her son's interests, and the Court has no reason to believe that she would not act to protect his rights. Further, no other party has yet appeared in this action or has otherwise opposed the Petition. For these reasons the Court RECOMMENDS that the district judge GRANT the Petition and Order for Appointment of Guardian Ad Litem. As this Court recommends that Plaintiff be granted the relief he seeks, and no other party has yet appeared, this Court does not set a schedule to file objections to this Report and Recommendation. IT IS SO ORDERED. DATED: February 20, 2008

Hon. Nita L. Stormes U.S. Magistrate Judge

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All references to "Rule(s)" in this Order are to the Federal Rules of Civil Procedure. 2
07cv2221 BEN (NLS)