9th Cir.;
15-15054

The court of appeals affirmed a district court judgment. The court held that the district court was not required to consider a litigant's request for appointment of a guardian ad litem where the litigant had no interest that could be protected by such appointment.

Arizona state prisoner Jason Harris filed pro se a lawsuit in state court against a Maricopa County Sheriff's Office employee, alleging violations of Harris's rights under the U.S. Constitution and various federal statutes. The county removed the case to federal court. Harris moved for appointment of a representative or guardian ad litem to protect his interests, contending he had previously been found incompetent to stand trial. Without separately considering that motion, the district court dismissed his lawsuit as frivolous and denied pending motions, including the guardian motion, as moot. The court of appeal agreed the lawsuit was frivolous, but ordered a limited remand to the district court for the purpose of considering whether Fed. R. Civ.Proc. 17(c)(2) required the court to evaluate Harris's competence and consider the appointment of a guardian ad litem.