Poole v. Mims et al

Filing 7

ORDER re Request for Fresno County Sheriff's Office to Respond to Plaintiff's Allegations Regarding Lack of Medical Care Within Twenty-One (21) Days and ORDER Directing Clerk to Send a Copy of This Order and Plaintiff's Complaint to Fresno County Sheriff's Office and the Fresno County Counsel signed by Magistrate Judge Erica P. Grosjean on 12/29/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY DALE POOLE,
Plaintiff,

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v.
MARGARET MIMS, et al.,

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Defendants.

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Case No. 1: 17-cv-01402-DAD-EPG (PC)
REQUEST FOR FRESNO COUNTY
SHERIFF’S OFFICE TO RESPOND TO
PLAINTIFF’S ALLEGATIONS
REGARDING LACK OF MEDICAL CARE
(ECF NO. 1)

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ORDER DIRECTING CLERK TO SEND A
COPY OF THIS ORDER AND PLAINTIFF’S
COMPLAINT TO FRESNO COUNTY
SHERIFF'S OFFICE AND THE FRESNO
COUNTY COUNSEL

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TWENTY-ONE (21) DAY DEADLINE

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Gary Dale Poole (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis in this

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civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing

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this action on October 18, 2017. (ECF No. 1). Plaintiff alleges that he is not receiving adequate

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medical care.

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While the complaint has not yet been screened, because of the nature of Plaintiff’s
allegations, the Court will request a response from Fresno County Sheriff’s Office regarding the
medical care, if any, that Plaintiff is currently receiving for his medical needs.1 This information

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In re Arizona, 528 F.3d 652, 659 (9th Cir. 2008) (“As a permissible option within its broad discretion, a district
court in an appropriate case can issue a Martinez-style order that is reasonably tailored to the pretrial needs of the
district court to assess the case.”).

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will assist the Court in evaluating the Complaint and determining if it sets forth a constitutional

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claim.

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Accordingly, the Court requests that, within twenty-one (21) days from the date of service

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of this order, Fresno County Sheriff’s Office file a response regarding the medical care, if any,

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that Plaintiff is currently receiving.

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Additionally, IT IS HEREBY ORDERED that the Clerk of Court is directed to serve

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Fresno County Sheriff’s Office and the Fresno County Counsel with a copy of this order and a

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copy of Plaintiff’s Complaint, (ECF No. 1).

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IT IS SO ORDERED.
Dated:

December 29, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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