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2d 1057
24 Fed.R.Serv.3d 881
Appeal from the United States District Court for the Southern District of
West Virginia, at Parkersburg. Charles H. Haden, II, Chief District Judge.
(CA-89-960-A)
Darwin Rusty Siers, Appellant Pro Se.
J. Michael Weber, Bowles, Rice, McDavid, Graff & Love, Parkersburg,
West Virginia; Jeffrey Brent Reed, Prosecuting Attorney for Wood
County, Parkersburg, West Virginia, for Appellees.
S.D.W.Va.
Vacated and remanded.
Before WIDENER and HALL, Circuit Judges, and CHAPMAN, Senior
Circuit Judge.
PER CURIAM:
OPINION
1
Darwin Rusty Siers appeals from the denial of several post-verdict motions in
his successful 42 U.S.C. 1983 (1988) suit. Because the district court failed to
appoint a guardian ad litem for Siers, as mandated by Fed. R. Civ. P. 17(c), we
vacate the judgment and remand for appointment of a guardian ad litem and for
further proceedings.
Siers sued a county sheriff and deputies pursuant tos 1983 and was awarded
$15,000 in 1991. His ex-wife moved to intervene to enforce outstanding
judgments against Siers. Siers made several motions, including one for the
appointment of a guardian ad litem. The district court appointed a magistrate
judge to recommend disposition of the motions.*
Where, as here, state law declares one incompetent to be sued, Fed. R. Civ. P.
17(c) provides for the appointment of a guardian ad litem. Additionally, for