Brookins v. Hernandez et al

Filing 82

ORDER directing Defendants to file a response to Plaintiff's Motion requesting a copy of his medical record 77 signed by Magistrate Judge Stanley A. Boone on 6/11/2020. 10-Day Filing Deadline.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BARRY LEE BROOKINS,

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Plaintiff,
v.
M. HERNANDEZ, et al.,
Defendants.

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Case No. 1:17-cv-01675-AWI-SAB (PC)
ORDER DIRECTING DEFENDANTS TO FILE A
RESPONSE TO PLAINTIFF’S MOTION
REQUESTING A COPY OF HIS MEDICAL
RECORD
[ECF No. 77]

Plaintiff Barry Lee Brookins is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.

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On June 10, 2020, Plaintiff filed a motion requesting the Court direct prison officials to

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provide him with a copy of his medical record to assist in drafting an opposition to Defendants’

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pending motion for summary judgment. (ECF No. 77.) Plaintiff attaches a copy CDCR

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memorandum, dated May 13, 2020, regarding his request for a copy of his medical record. The

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memorandum states as follows:

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We received your CDCR 7385 form, requesting copies of your Medical Records.

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The CDCR’s priority is to protect the health and well-being of our staff and the offender
population as well as provide a safe environment. Therefore, due to COVID-19 Precautions,
Inmate/Patients are being seen for Urgent/Emergency appointments only.

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Your form will be kept in our office and once we are cleared to ducat you to Central Health to
pick up your records, we will do so.
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Please do not send another request for your records unless you are requesting different dates
and/or documents.

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(Mot. at 3, ECF No. 77.)
Based on the response from CDCR, the Court cannot determine if and/or when Plaintiff will be

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granted access to his medical records. Therefore, the Court finds a response by Defendants necessary
to address Plaintiff’s motion. Accordingly, within ten (10) days from the date of service of this order,
Defendants shall file a response to Plaintiff’s motion and address whether Plaintiff has access or when
he will have access to his medical records.

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IT IS SO ORDERED.
Dated:

June 11, 2020
UNITED STATES MAGISTRATE JUDGE

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