Glover v. Hunter et al
ORDER: The Court intends to consult the National Institute of Health website, MedlinePlus. The Plaintiff has 14 days to respond to the "propriety" of the Court's reliance on the information provided from the website. Failure to respond may be treated by the Court as a waiver of any objection to the accuracy of these records. Signed by Magistrate Judge Joe J. Volpe on 6/28/2013. (Attachments: # 1 Exhibit MedlinePlus Medical Encyclopedia article)(srw)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ADC # 601517
C. HUNTER, Dr., W. C. “Dub”
Brassell Detention Center; et al.,
Plaintiff filed this matter pro se pursuant to 42 U.S.C. § 1983, seeking redress for an Eighth
Amendment claim of deliberate indifference to his serious medical need. Before the Court is
separate Defendant Greg Bolin’s Motion to Dismiss. (Doc. No. 16.) Mr. Bolin argues that
Plaintiff’s condition was diagnosed as “geographic tongue” and is not a serious medical condition.
In adjudicating the Motion, the Court intends to consult the National Institute of Health
website, MedlinePlus.1 Rule 201 of the Federal Rules of Evidence governs the taking of judicial
notice of adjudicative facts. “A judicially noticed fact must be one not subject to reasonable dispute
in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2)
capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably
be questioned.” FED. R. EVID. 201(b). A party is entitled to be heard as to the propriety of taking
judicial notice and the facts upon which the Court may rely. FED. R. EVID. 201(e).
Because Plaintiff is proceeding pro se in this matter, the Court has determined that he should
be given the opportunity to be heard, via written response or motion, on the accuracy of this
information. Accordingly, Plaintiff will be allowed fourteen (14) days to respond to the “propriety”
http://www.nlm.nih.gov/medlineplus/ency/article/001049.htm, a copy of information
from this web page is attached as Exhibit 1 to this Order.
of the Court’s reliance on this information. Id. The failure to respond may be treated by the Court
as a waiver of any objection to the accuracy of these records.
IT IS SO ORDERED this 28th day of June, 2013.
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE
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