Stringham v. Bick et al

Filing 85

ORDER signed by Magistrate Judge Dale A. Drozd on 08/19/13 ordering plaintiff's motion to remove defense counsel and strike portions of the record 64 is denied. Plaintiff's motion for sanctions 75 is denied. Plaintiff's motion to seal documents and/or for a protective order 83 is denied. Plaintiff shall file an opposition to defendants' cross-motion for summary judgment within 21 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUY T. STRINGHAM,

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Plaintiff,

No. 2:09-cv-0286 MCE DAD P

Defendants.

ORDER

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vs.
J. BICK, et al.,

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/
Plaintiff is a state prisoner proceeding pro se with a civil rights action seeking

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relief under 42 U.S.C. § 1983. This matter is before the court on plaintiff’s motions to remove

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defense counsel and strike portions of the record, for sanctions, and to seal documents and/or for

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a protective order.

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In his motions, plaintiff takes issue with the fact that defense counsel arrived at

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plaintiff’s deposition and informed him that he had reviewed all eight volumes of plaintiff’s

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medical records. Plaintiff contends that defense counsel has no authority to review his medical

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records without his permission or a court order, and that any information defense counsel

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obtained at that deposition in connection with plaintiff’s medical records should be stricken from

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the record. Plaintiff also contends that the court should seal all 853 pages of his prison medical

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records and/or issue a protective order that prevents defendants from using those medical records
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in connection with this action. Plaintiff also maintains that he will not respond to defendants’

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cross-motion for summary judgment because defense counsel obtained the evidence in support of

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the defendants’ motion for summary judgment by illegitimate or improper means.

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Plaintiff has cited no authority in support of his claim that defense counsel has

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engaged in any misconduct by accessing plaintiff’s prison medical records. Insofar as plaintiff

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believes that defense counsel has violated his right to privacy, plaintiff is advised that he waived

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any right to privacy by putting his medical condition(s) at issue when he filed this civil rights

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action claiming that his Eighth Amendment rights were violated by the conditions of his

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confinement in light of his claimed medical condition and disability. See Williams v. Barron,

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No. CIV S-03-2044 LKK JFM P, 2007 WL 433120 at *1 (E.D. Cal. Feb. 5, 2007) (prisoner

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plaintiff waived any privacy interest in his prison medical records when he pressed claims of

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deliberate indifference to his serious medical needs, thereby placing his medical records at issue).

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Insofar as plaintiff may believe that defense counsel has violated his right to due

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process, he is advised that defense counsel has not infringed on any of plaintiff’s life, liberty, or

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property interests by accessing his medical records during the course of this litigation. See

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Thomas v. Carrasco, No. 1:04-cv-05793-MJS (PC), 2010 WL 4024930 at *3-4 (E.D. Cal. Oct.

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13, 2010) (plaintiff failed to state a claim for a due process violation based on defendants

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accessing his medical records) (and cases cited therein).

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For these reasons, the court will deny plaintiff’s motions and order him to file his

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opposition to defendants’ cross-motion for summary judgment within twenty-one (21) days. If

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plaintiff fails to file an opposition, the court will issue findings and recommendations addressing

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defendants’ motion for summary judgment as unopposed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to remove defense counsel and strike portions of the record

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(Doc. No. 64) is denied;
2. Plaintiff’s motion for sanctions (Doc. No. 75) is denied;
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3. Plaintiff’s motion to seal documents and/or for a protective order (Doc. No.
83) is denied; and

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4. Plaintiff shall file an opposition to defendants’ cross-motion for summary

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judgment within twenty-one (21) days. If plaintiff fails to file an opposition, the court will issue

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findings and recommendations on defendants’ motion without his opposition.

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DATED: August 19, 2013.

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DAD:9
stri0286.recs

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