United States Ninth Circuit

The district court's order denying a prisoner's request to appoint a guardian ad litem and instead staying the prisoner's civil rights case until the prisoner was found "restored to competency" and capable of protecting his own interest through self-representation, is vacated and remanded, where: 1) the order is an appealable final decision, or alternatively reviewable as a collateral order; and 2) the district court's stay order failed to adequately protect the prisoner's interests and thus did not constitute an appropriate order under Rule 17(c)(2) of the Federal Rules of Civil Procedure.

Appellate Information

• Decided 03/24/2014
• Published 03/24/2014

Judges

• TALLMAN

Court

• United States Ninth Circuit

Counsel