David Bennett v. Federal Bureau of Investigation, et al.

Summary

The document contains findings and recommendations in a pro se civil rights action brought by David Bennett against the Federal Bureau of Investigation and other defendants. The magistrate judge recommends denying the plaintiff’s motions for a preliminary injunction and appointment of a guardian ad litem because the complaint failed to state a claim, the plaintiff had not shown entitlement to injunctive relief, and the record did not establish a substantial question regarding his current competency.

Holdings

1. A preliminary injunction should be denied because Bennett failed to show either a likelihood of success on the merits or serious questions going to the merits, and also failed to provide sufficient evidence regarding irreparable harm, the balance of equities, and the public interest.
2. Appointment of a guardian ad litem should be denied because the record did not present a substantial question concerning Bennett's current competence.

Questions Presented

1. Whether Bennett was entitled to a preliminary injunction based on his allegations of eavesdropping.
2. Whether the court was required to appoint a guardian ad litem under Federal Rule of Civil Procedure 17(c) based on Bennett's prior incompetency determination and mental health records.

Disposition

other