Bennett v. Prop. 47 Public Defenders Deaprtment
- Beth Freeman
- 5:19-cv-08166
- U.S. District Court · Northern District of California
- 3
In Bennett v. Prop. 47 Public Defender, Judge Freeman lifted the stay, denied a guardian ad litem, and ordered Bennett to amend his complaint.
David Bennett, who must continue representing himself and file an amended complaint within 45 days to avoid dismissal without prejudice.
What happened
David Bennett, a California inmate representing himself, brought a civil-rights lawsuit seeking money damages for allegedly unlawful confinement. The court had referred the case for help finding counsel for a competency hearing because a state-court order had found him incompetent to stand trial.
The court said the state criminal proceedings had been reinstated after a mental-competence hearing, indicating that Bennett had been restored to competency. It therefore withdrew the referral, denied Bennett’s request for a conservator or guardian ad litem, and directed him to continue representing himself.
The court, Judge Beth Labson Freeman, lifted the stay and ordered Bennett to file an amended complaint within 45 days using the court’s form. The court stated that failure to do so would result in dismissal of the action without prejudice and without further notice.
The detailed version
- Bennett v. Prop. 47 Public Defenders Deaprtment · No. 5:19-cv-08166
- Beth Freeman
- Jan. 26, 2021
Background
David Bennett, a California inmate proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983 seeking money damages for allegedly unlawful confinement. The court referred the matter to the Federal Pro Se Program to seek counsel for the limited purpose of conducting a competency hearing. The referral followed a Butte County Superior Court order finding Bennett incompetent to stand trial and raised a substantial question about his mental competence.
Competency and Guardian Request
The court learned that Bennett’s criminal proceedings had been reinstated by a December 23, 2020 minute order after a mental-competence hearing. The court stated that reinstatement indicated Bennett had been restored to competency. It found that there was no longer a substantial question about his competency and no need for a competency hearing. The court withdrew the referral to the Federal Pro Se Program and denied Bennett’s motion for appointment of a conservator or guardian ad litem, meaning a person appointed to protect the interests of someone unable to do so in litigation.
Order
The court lifted the stay. It ordered Bennett to file an amended complaint within 45 days using the court’s form and to include the required case caption, civil case number, and the words “AMENDED COMPLAINT” on the first page. The court stated that the amended complaint would replace the original complaint, and that claims and defendants omitted from it would no longer be part of the case. The court also stated that failing to file a compliant amended complaint on time would result in dismissal of the action without prejudice and without further notice. Judge Beth Labson Freeman signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.