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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARDELL COWART,
Plaintiff,

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(Doc. 44)

v.

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ORDER WITHDRAWING ORDER
GRANTING PLAINTIFF'S REQUEST FOR
ISSUANCE OF SUBPOENA TO OBTAIN
RECORDS FROM DIGNITY HEALTH,
MERCY HOSPITAL

Defendants.

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RAHMAN, et al.,

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1:16-cv-000004-AWI-SKO (PC)

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Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. ' 1983. This action is proceeding on Plaintiff’s claims in the First

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Amended Complaint against Dr. Ngozi Ignibinoza, Dr. Scharffenberg, Dr. Kandkhorova, Dr.

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Ugwueze, and Dr. Sunduram for deliberate indifference to Plaintiff’s serious medical needs in

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violation of the Eighth Amendment. On August 29, 2017, Plaintiff filed a subpoena to obtain

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medical records for treatment he received at Dignity Health, Mercy Hospital, 2215 Truxtun Ave.,

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Bakersfield, CA, 93301. (Doc. 43.)

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On October 3, 2017, an order issued indicating that Plaintiff met the requirements for a

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subpoena to issue. (Doc. 44.) In the order, defense counsel was directed to file a statement

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indicating the steps taken to obtain the records sought by Plaintiff and whether counsel would be

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willing to provide Plaintiff copies of any documents obtained. (Id.) On October 12, 2017,

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defense counsel filed a statement indicating that records from the facility were Plaintiff is

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currently housed had been recently received and included records from outside providers. (Doc.

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45.) Defense counsel forwarded a copy of the records received to Plaintiff that same week. (Id.)
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It, therefore, appears that a subpoena is no longer required.
If after receipt and review of those records, Plaintiff believes they are incomplete, Plaintiff

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may file a renewed request for a subpoena. Before any subpoena will issue, the request must

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specifically state which records are lacking and their relevance to this action.

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Based on the foregoing, it is HEREBY ORDERED that the order granting Plaintiff’s

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request to subpoena records from Dignity Health, Mercy Hospital, issued on October 3, 2017,

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(Doc. 44) is WITHDRAWN.

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IT IS SO ORDERED.
Dated:

October 17, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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