Jones v. Toft et al

Filing 128

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/22/2013 ORDERING plaintiff to inform the court within 7 days whether he has received the documents and images subpoenaed from DRI Scripps and Mercy San Juan Medical Center.(Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY JONES,
Plaintiff,

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vs.

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No. 2:11-cv-0192 MCE EFB P

TOFT, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On February 22, 2013, the court appointed Dr. Willard Fee as a neutral expert to

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assist the court under Federal Rule of Evidence 706. Dckt. No. 122. The court directed Dr. Fee

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to review relevant records and perform an examination of plaintiff. Id.

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Dr. Fee has asked to review relevant radiological images of plaintiff. The U.S. Marshal

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executed Rule 45 subpoenas on DRI Scripps and Mercy San Juan Medical Center in January

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2013 on behalf of plaintiff for these images. Dckt. Nos. 120, 121. These non-parties have thus

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far not sought to quash the subpoenas, but the court does not have information on whether the

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subpoenas have been complied with. In order to facilitate the neutral expert’s review of the

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images, plaintiff shall inform the court within seven (7) days of the date of this order whether he

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has received the documents and images subpoenaed from DRI Scripps and Mercy San Juan

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Medical Center.

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SO ORDERED.

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Dated: March 22, 2013.

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