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)
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(Doc. 44) is WITHDRAWN.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
.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?