Davis v. Walker et al

Filing 191

ORDER signed by District Judge Kimberly J. Mueller on 5/18/2017 ORDERING the plaintiff's mental health clinicians to file within fourteen (14) days, a report on the current status of the plaintiff's mental health; REFERRING this matter to S ujean Park, Pro Bono Coordinator for the Eastern District of California, to confirm arrangements with a medical expert who shall be appointed to conduct an independent medical examination of the plaintiff and to report the findings of said examination to the Court; ORDERING the defendants to notify the Court at least thirty (30) days in advance of any planned or emergency change in the plaintiff's housing. (cc: VDRP) (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNARD LEE DAVIS,

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Plaintiff,
v.
JAMES WALKER, et al.,

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No. 2:08-cv-0593 KJM DB

Defendants.
___________________________________

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KENNARD LEE DAVIS,

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No. 2:10-cv-2139 KJM DB

Plaintiff,

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v.
JAMES WALKER, et al.,

ORDER

Defendants.

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Plaintiff is a state prisoner proceeding in forma pauperis with the above-captioned

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civil rights actions under 42 U.S.C. § 1983. Plaintiff is proceeding in both actions through a

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guardian ad litem, Ronnie Tolliver. See ECF Nos. 40, 81.1

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In accordance with this court’s answer to a petition for writ of mandamus filed by

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plaintiff in the United States Court of Appeals for the Ninth Circuit, ECF Nos. 126, 185, IT IS

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HEREBY ORDERED that:

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1.

Within fourteen days from the date of this order, plaintiff’s mental health

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clinicians shall file a report on the current status of plaintiff’s mental health,

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including but not limited to whether he is currently under a Keyhea2 order for

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involuntary medication, his current Mental Health Services Delivery System

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designation (CCCMS, EOP, or inpatient), his most recent mental health

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inpatient hospitalization, his mental health prognosis, and any other matters

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relevant to plaintiff’s ability to litigate this action.

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2. These matters are referred to Sujean Park, Pro Bono Coordinator for the

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Eastern District of California, to confirm arrangements with a medical expert

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who shall be appointed as provided by Federal Rule of Evidence 706 to

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conduct an independent medical examination of plaintiff and report to the court

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on the current status of plaintiff’s physical health, including any current need

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for treatment, physical therapy, pain medication or other treatment, in the areas

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of injury allegedly sustained by plaintiff that are the subject of the operative

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complaints in these actions, ECF Nos. 1 and 1, including the following:

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a. The fingers of plaintiff’s left hand on which he had surgery in February

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2008;

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b. Plaintiff’s lower back;
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Throughout this order citations to documents filed in the court’s Electronic Case Filing
(ECF) system are first to the record in Case No. 2:08-cv-0593 KJM DB and second to the record
in Case No. 2:10-cv-2139 KJM DB.

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Keyhea v. Rushen, 178 Cal.App.3d 526 (1986).
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c. Plaintiff’s right knee; and

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d. Plaintiff’s neck, back, shoulder, hip, and spinal cord.

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3. In communications leading to the issuance of this order, Ms. Park has informed

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the court she has focused her search for an independent medical expert on the

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San Diego area in view of plaintiff’s current incarceration at R. J. Donovan

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Correctional Facility. In order to facilitate Ms. Park’s further efforts, the court

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requests that, absent a medical or mental health emergency, defendants notify

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the court at least thirty days in advance of any planned transfer of plaintiff and

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that defendants also notify the court promptly of any other emergency change

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to plaintiff’s housing placement.
DATED: May 18, 2017.

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UNITED STATES DISTRICT JUDGE

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