Cowart v. Rahman et al

Filing 47

ORDER signed by Magistrate Judge Sheila K. Oberto on 10/17/2017 withdrawing Order granting Plaintiff's request for issuance of subpoena to obtain records from Dignity Health, Mercy Hospital re 44 . (Lundstrom, T)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 GARDELL COWART, Plaintiff, 10 (Doc. 44) v. 11 ORDER WITHDRAWING ORDER GRANTING PLAINTIFF'S REQUEST FOR ISSUANCE OF SUBPOENA TO OBTAIN RECORDS FROM DIGNITY HEALTH, MERCY HOSPITAL Defendants. 9 RAHMAN, et al., 12 1:16-cv-000004-AWI-SKO (PC) 13 14 15 Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights action 16 pursuant to 42 U.S.C. ' 1983. This action is proceeding on Plaintiff’s claims in the First 17 Amended Complaint against Dr. Ngozi Ignibinoza, Dr. Scharffenberg, Dr. Kandkhorova, Dr. 18 Ugwueze, and Dr. Sunduram for deliberate indifference to Plaintiff’s serious medical needs in 19 violation of the Eighth Amendment. On August 29, 2017, Plaintiff filed a subpoena to obtain 20 medical records for treatment he received at Dignity Health, Mercy Hospital, 2215 Truxtun Ave., 21 Bakersfield, CA, 93301. (Doc. 43.) 22 On October 3, 2017, an order issued indicating that Plaintiff met the requirements for a 23 subpoena to issue. (Doc. 44.) In the order, defense counsel was directed to file a statement 24 indicating the steps taken to obtain the records sought by Plaintiff and whether counsel would be 25 willing to provide Plaintiff copies of any documents obtained. (Id.) On October 12, 2017, 26 defense counsel filed a statement indicating that records from the facility were Plaintiff is 27 currently housed had been recently received and included records from outside providers. (Doc. 28 45.) Defense counsel forwarded a copy of the records received to Plaintiff that same week. (Id.) 1 1 It, therefore, appears that a subpoena is no longer required. If after receipt and review of those records, Plaintiff believes they are incomplete, Plaintiff 2 3 may file a renewed request for a subpoena. Before any subpoena will issue, the request must 4 specifically state which records are lacking and their relevance to this action. 5 Based on the foregoing, it is HEREBY ORDERED that the order granting Plaintiff’s 6 request to subpoena records from Dignity Health, Mercy Hospital, issued on October 3, 2017, 7 (Doc. 44) is WITHDRAWN. 8 9 10 IT IS SO ORDERED. Dated: October 17, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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