Lee v. Scribner et al

Filing 84

ORDER REQUIRING DEFENDANT WAGNER to Submit Documents Within Seven (7) Days re 78 signed by Magistrate Judge Barbara A. McAuliffe on 2/27/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BOBBY LEE,

CASE NO. 1:05-cv-00802-LJO-BAM PC

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Plaintiff,

ORDER REQUIRING DEFENDANT WAGNER
TO SUBMIT DOCUMENTS
(ECF No. 78)

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v.
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A. K. SCRIBNER, et al.,

SEVEN-DAY DEADLINE

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Defendants.
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/
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Plaintiff Bobby Lee (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s

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second amended complaint against Defendant Wagner for deliberate indifference to medical needs

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in violation of the Eighth Amendment.

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On July 2, 2012, Defendant Wagner filed a motion for summary judgment. (ECF No. 77.)

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Defendant Wagner also filed a notice of submission of documents under seal. (ECF No. 78.) The

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documents are described as excerpts from Plaintiff’s medical records and are referenced as Exhibit

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D to Defendant’s motion for summary judgment. The Court does not have any record of receiving

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the submitted documents. Accordingly, Defendant is HEREBY ORDERED to submit the excerpts

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from Plaintiff’s medical records, which are referenced as Exhibit D to the summary judgment

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motion, within seven (7) days after service of this order.

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IT IS SO ORDERED.
Dated:
10c20k

February 27, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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