case. 2 . Sophapmysay’s complaint contains two Count V's. Therefore, for the purposes of this order, the court will refer to Sophapmysay's negligence claim as Count V and will refer to his respondeat superior claim as "Count V”. 3 . On July 24, 2000, Sophapmysay voluntarily dismissed her claims against Lori Davenport as administrator of the estate of Sounthaly Keosay. 4 . At the conclusion of oral argument on defendants' motions for summary judgment, plaintiffs counsel inquired whether the court’s ruling on the motions for summary judgment would include plaintiff’s negligence claim against defendant Driebilbus. That negligence claim, contained in Count V, however, was previously dismissed by the court in its ruling on defendants' motion to 1 WL 1585758, at *3 (10th Cir. Dec.12, 2001) (<HOLDING>); Malachowski v. City of Keene, 787 F.2d 704,
holding that courtappointed guardian ad litem for child in child custody dispute did not act under color of state law holding that where the trial court denies a motion for the appointment of a guardian ad litem in a child support case the order is unappealable holding that guardian ad litem representing a minor in a state proceeding on a petition alleging abuse was not acting under color of state law holding that a paternity determination in which the child is not made a party and is not represented by a guardian ad litem is not binding on the child holding that guardian ad litem and psychologist fees incurred in child custody proceedings and ordered to be paid directly to the guardian ad litem and psychologist were nondischargeable under  523a5