Martinez v. Virga, et al

Filing 38

ORDER signed by Magistrate Judge Kendall J. Newman on 8/29/2011 ORDERING 29 that pltf's motion to provide medical documents, is DENIIED without prejudice. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK A. MARTINEZ,
Plaintiff,

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No. 2:11-cv-0942 KJN P

vs.
WARDEN TIM VIRGA, et al.,
Defendants.

ORDER
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Plaintiff is a state prisoner proceeding without counsel. On May 20, 2011,

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plaintiff filed a motion entitled, “Plaintiff’s Motion for Defendants to Provide Medical

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Documents January 2011 through May 16, 2011.” (Dkt. No. 29.) Plaintiff states that defendants

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at California State Prison - Sacramento Medical Records have not responded to his request for

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medical records, and he has received no response to his 602 grievance seeking the records.

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Plaintiff’s motion is premature. No defendants have been served with process,

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because no operative complaint is on file. Plaintiff’s third amended complaint is due on or

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before September 9, 2011. Plaintiff is advised that once defendants have been served and have

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filed an answer, the court will issue an order addressing discovery. Plaintiff is not required to

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submit evidence, including medical records, in support of his case until a dispositive motion is at

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issue, requiring evidentiary support, or the case goes to trial.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s May 20, 2011 motion

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(dkt. no. 29) is denied without prejudice.

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DATED: August 29, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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mart0942.dsc

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