Brookins v. Hernandez et al

Filing 97

ORDER DIRECTING Defendants to File a Response to Plaintiff's Motion for Access to His Medical Records, signed by Magistrate Judge Stanley A. Boone on 8/6/2020. (Responses due within TWENTY DAYS.)(Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

BARRY LEE BROOKINS,

12
13
14
15

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

16
17
18
19

)
)
)
)
)
)
)
)
)
)

Case No. 1:17-cv-01675-AWI-SAB (PC)
ORDER DIRECTING DEFENDANTS TO FILE A
RESPONSE TO PLAINTIFF’S MOTION FOR
ACCESS TO HIS MEDICAL RECORDS
[ECF No. 96]

Plaintiff Barry Lee Brookins is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
On July 31, 2020, the undersigned issued Findings and Recommendations recommending that

20

Defendants’ motion for summary judgment be granted. (ECF No. 95.) On this same date, Plaintiff

21

filed a motion for access to his medical records to oppose Defendants’ motion for summary judgment.

22

(ECF No. 96.) However, as noted in the Findings and Recommendations, Plaintiff previously filed

23

two separate oppositions to Defendants’ motion for summary judgment (ECF Nos. 85, 89), supported

24

with medical records. Because Plaintiff filed two separate oppositions, with supporting

25

documentation, the Court proceeded to address the merits of Defendants’ motion. At this juncture, the

26

Court cannot determine what, if any, medical records Plaintiff does not have access to that may be

27

necessary to oppose Defendants’ motion. The Court find that input from Defendants as to whether

28

Plaintiff has been given access to his medical records is necessary to resolve Plaintiff’s motion.
1

Accordingly, it is HEREBY ORDERED that within twenty (20) days from the date of service

1
2

of this order, Defendants shall file a response to Plaintiff’s motion for access to his medical records,

3

filed on July 31, 2020. Defendants shall address whether Plaintiff has followed the proper procedure

4

in obtaining access to his medical records and, if so, whether he has been given access to the requested

5

medical records.

6
7

IT IS SO ORDERED.

8

Dated:

9

August 6, 2020
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2