Wilson v. Cleveland County Board of Education

Filing 12

ORDER DIRECTING Plaintiff's counsel to file a motion to have Plaintiff's mother, or someone else qualified, to be appointed as a guardian ad litem for T.W. Signed by Magistrate Judge Dennis Howell on 01/08/18. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 cv 250
T.W., by her next friend Kristena Wilson,

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Plaintiff,
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v.
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CLEVELAND COUNTY BOARD OF
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EDUCATION
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Defendant.
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___________________________________ )

ORDER

On September 11, 2017, T.W., by next friend and mother Kristena Wilson,
filed her Complaint [# 1]. T.W. is eighteen [# 1]. T.W. has been diagnosed with
autism and suffers from anxiety and narcolepsy [# 1]. While the distinction between
next friend and guardian ad litem remains fine, the Court will require that a guardian
ad litem be appointed for T.W. See Fed. R. Civ. P. 17(c)(2); Blackwell v. Vance
Trucking Co., 139 F. Supp. 103, 106 (1956).
Therefore, the Court DIRECTS Plaintiff’s counsel to file a motion to have
Plaintiff’s mother, or someone else qualified, to be appointed as a guardian ad litem
for T.W.
Signed: January 8, 2018