Nos. 12-15856, 12-15859.

745 F.3d 1303 (2014)

Kennard Lee DAVIS, Plaintiff-Appellant, v. James WALKER, Warden; Samuel McAlpine; Cheryl Bakewell; Richard Marder, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 24, 2014.

Attorney(s) appearing for the Case

Kayvan B. Sadeghi (argued), Morrison & Foerster LLP, New York, NY, for Plaintiff-Appellant.

Jose Zelidon-Zepeda (argued), Deputy Attorney General, San Francisco, CA, for Defendants-Appellees James Walker, Samuel McAlpine, and Cheryl Bakewell in appeal number 12-15856, and for Defendants-Appellees James Walker, S. Flory, Da Rosa, A. Nangalama, and Edmonson in appeal number 12-15859.

Thomas J. Doyle , Schuering Zimmerman & Doyle, LLP, Sacramento, CA, for Defendant-Appellee Richard Marder, M.D., in appeal number 12-15856.

Before: RICHARD C. TALLMAN and SANDRA S. IKUTA, Circuit Judges, and ANDREW P. GORDON, District Judge.


TALLMAN, Circuit Judge:

This appeal arises from two consolidated cases in which Kennard Lee Davis, a prisoner suffering from schizoaffective disorder and who is proceeding pro se, sought damages from California prison officials under 42 U.S.C. § 1983. Davis moved for appointment of a guardian ad litem pursuant to Rule 17(c)(2) of the Federal Rules of Civil Procedure, which provides that:

A minor or an incompetent person who does not...

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