Anderson v. Kelso, et al.

Filing 202

ORDER signed by Magistrate Judge Kendall J. Newman on 09/30/15 ordering that plaintiff's request for medical records of non-party inmates is denied. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SAMUEL ANDERSON, 12 Plaintiff, 13 14 No. 2: 12-cv-0261 MCE KJN P v. ORDER J. CLARK KELSO, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding with counsel, with a civil rights action pursuant to 18 42 U.S.C. § 1983. On September 29, 2015, a telephonic hearing was held regarding a discovery 19 dispute concerning plaintiff’s Notice of Deposition of Dr. Barnett and Request for Production of 20 Documents. R. Lawrence Bragg appeared on behalf of defendants. Chijioke O. Ikonte appeared 21 on behalf of plaintiff. At the hearing, the parties clarified that defense counsel had provided plaintiff’s counsel 22 23 with declarations submitted by Dr. Barnett in other civil rights actions, filed by non-party 24 inmates, raising the issue of adequate pain medication. The parties clarified that the at-issue 25 dispute concerned only whether plaintiff’s counsel is also entitled to the medical records of these 26 non-party inmates, in addition to Dr. Barnett’s declarations. 27 //// 28 //// 1 1 For the reasons stated at the September 29, 2015 hearing, IT IS HEREBY ORDERED that 2 plaintiff’s request for the medical records of the non-party inmates is denied. 3 Dated: September 30, 2015 4 5 6 7 8 9 An261.tel 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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