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Case 1:13-cv-01949-BNB Document 6 Filed 08/06/13 USDC Colorado Page 1 of 2



IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01949-BNB
(The above civil action number must appear on all future papers
sent to the court in this action. Failure to include this number
may result in a delay in the consideration of your claims.)

FERNANDA RIVERA,

Plaintiff,

v.

LITTLETON HOUSING AUTHORITY,


Defendant.

SECOND ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

At issue is the response, ECF No. 5, filed to the Court’s Order to Cure

Deficiencies. Previously, the Court reviewed the Complaint and entered an order

instructing Plaintiff that if Ms. Reyes is acting as her guardian or conservator, under

Fed. R. Civ. P. 17(c) she may elect to sue or defend on behalf, but Ms. Reyes is not

able to assert the claims in this action pro se on her behalf. On August 5, 2013, Ms.

Reyes filed a letter with the Court stating that she is Mr. Rivera’s legal guardian and

asking that Ms. Rivera be appointed counsel.

Although Ms. Reyes does not have a right to represent her mother in this action,

courts have implied an exception for certain limited motions to be filed by Ms. Reyes,

such as a request for appointment of counsel. See Zhu v. Countrywide Realty Co., 148

F. Supp.2d 1154, 1155-56 (D. Kan. 2001). Otherwise, an individual found incompetent

may be barred from obtaining counsel to represent their claims. Id. Nonetheless, in

considering a motion for appointment of counsel, the Court must consider the financial

status of the person acting as a legal guardian or conservator for the incompetent

Case 1:13-cv-01949-BNB Document 6 Filed 08/06/13 USDC Colorado Page 2 of 2

plaintiff. Id. at 1156-57. Therefore, the Court will direct Ms. Reyes to submit a 28

U.S.C. § 1915 motion and affidavit. Accordingly, it is

ORDERED that Ms. Reyes obtain the Court-approved form used in filing a 28

U.S.C. § 1915 motion and affidavit, along with the applicable instructions, at

www.cod.uscourts.gov. It is

FURTHER ORDERED that if Ms. Reyes fails to comply with directives of this

Order within thirty days from the date of this Order the action will be dismissed

without further notice.

DATED August 6, 2013, at Denver, Colorado.

BY THE COURT:

s/Boyd N. Boland
United States Magistrate Judge

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