Felty v. Arkansas Department of Correction et al

Filing 135

ORDER directing the plaintiff to submit the paranex and occlusal x-rays of his lower jaw or risk having this action dismissed 130 . Signed by Magistrate Judge Beth Deere on 11/25/08. (bkp)

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IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS P I N E BLUFF DIVISION D A V I D FELTY A D C #95976 V. 5:07CV00231 JMM/BD PLAINTIFF MAX MOBLEY, Deputy Director, A r k a n sa s Department of Correction; a n d DR. HUGH BURNETT ORDER DEFENDANTS Defendant Burnett previously filed a Motion to Compel Medical Examination p u rs u a n t to Federal Rule of Civil Procedure 35 (docket entry #124). The Court granted D e f en d a n t Burnett's motion (#126). Plaintiff then refused to submit to the x-rays as o rd e re d by the Court (#130). Plaintiff has now filed a Response in Opposition to this Court's Order (#132). In th e Response, Plaintiff states that he will now submit to the x-rays. The Court again o rd e rs Plaintiff to submit to paranex and occlusal x-rays of his lower jaw. P lain tiff is cautioned that failure to abide by this Court's order could result in d is m is s a l of this action pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(v). IT IS SO ORDERED this 25th day of November, 2008. _____________________________________ U N IT E D STATES MAGISTRATE JUDGE

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