Kennard Davis v. James Walker

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that a district court abused its discretion by not appointing a guardian ad litem, which left an incompetent person’s interests “completely unprotected”
• explaining that “the court may not use 21 [Rule 17] as a vehicle for dismissing claims or for allowing the interests of an incompetent litigant to 22 go completely unprotected”
• vacating stay order and administrative closure when district court did not adequately protect plaintiffs interests
• “The district court 18 recognized throughout the pendency of both cases that Davis was, and remains, incompetent.”
• “The magistrate judge recognized . . . Davis has been found incompetent in his pending federal habeas proceeding and... currently receiving long-term involuntary psychotropic medication as directed by the state court order.”’
• finding incompetence under Rule 17(a) based upon mental health problems

Source: CourtListener parenthetical corpus (CC0).