Henderson v. Lankford et al

Filing 47

ORDER signed by Magistrate Judge Kendall J. Newman on 7/18/2014 GRANTING plaintiff's 43 request; and DENYING plaintiff's 45 request for an endorsed filed copy of the amended complaint without charge. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY HENDERSON,

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No. 2:12-cv-2317 KJN P

Plaintiff,
v.

ORDER

DR. R. LANKFORD, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel. On July 7, 2014, plaintiff filed a

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document entitled “Case-in-Chief.” Plaintiff states that on June 17, 2014, he signed an

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authorization for release of his medical file, in which he requested that “all direct and indirect

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information,” be sent to the court to support his case, but that the medical records department has

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not produced such documents. (ECF No. 43 at 1.) Plaintiff also inquired whether subpoenas for

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his witnesses are submitted to the court or to the U.S. Marshal.

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First, submission of evidence to the court at this time is premature. If plaintiff seeks

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medical records to support his claims, he may personally view his medical records at the prison

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by requesting an Olson Review, and during such review he is allowed to photocopy documents

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pertinent to his claims at issue here. Moreover, given that plaintiff has been incarcerated since

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April 9, 1997, there are likely to be many medical records in plaintiff’s prison medical file that

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are not relevant to the claims at issue here. This action is proceeding solely as to plaintiff’s claim
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that defendant Dr. Lankford violated plaintiff’s Eighth Amendment rights in connection with the

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treatment and attempted removal of the bullet fragment. (ECF No. 19 at 4.) Thus, any medical

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records should be limited to those relevant to plaintiff’s Eighth Amendment claim against

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defendant Dr. Lankford.

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Second, with regard to witnesses, plaintiff is directed to the court’s scheduling order

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issued March 7, 2014. (ECF No. 33.) In that order, plaintiff was advised that to obtain the

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testimony of an incarcerated witness, he must file a motion for the attendance of such witness

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with his pretrial statement, whether or not the incarcerated witness agrees to testify voluntarily.

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(ECF No. 33 at 2-3.) If plaintiff seeks the testimony of physicians or other unincarcerated

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witnesses who refuse to testify voluntarily, plaintiff must submit the appropriate witness and

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travel fees, as well as the completed subpoena forms to the United States Marshal, by following

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the specific directions set forth in the March 7, 2014 scheduling order. (ECF No. 33 at 4:4-16.)

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In any event, plaintiff’s motion for the attendance of witnesses shall not be filed until plaintiff

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files his pretrial statement, and the subpoenas are to be submitted to the U.S. Marshal no earlier

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than four weeks and not later than two weeks before trial. Once dispositive motions are resolved,

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the court will issue a further scheduling order in which such details are repeated, and the parties

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are provided a deadline for filing pretrial statements, and a trial date set. Therefore, plaintiff

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should not file such motions or witness subpoenas at this time.

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Finally, on July 11, 2014, plaintiff filed an untitled document in which he states that he

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failed to retain a copy of his amended complaint. Plaintiff states that he “has about 200

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documents that will need to [be] entered during the material phase of the proceedings, and will

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also need a filed copy of the amended complaint to stave off any potential itemize [sic] error.”

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(ECF No. 45 at 2.) Plaintiff’s 43 page amended complaint was filed on January 16, 2013. The

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court does not provide copies of documents to parties. Copies of documents may be obtained

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from Cal Legal Support Group: 3104 “O” Street, Suite 291, Sacramento, CA 95816. Their phone

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number is 916-441-4396. The court will provide copies of the docket sheet at $0.50 per page.

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Checks in the exact amount are made payable to “Clerk, USDC.” Please note that plaintiff’s in

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forma pauperis status does not entitle him to free photocopies.
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With regard to plaintiff’s statement that he intends to submit 200 documents to the court,

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plaintiff is required to submit evidence in support of, or in opposition to, a dispositive motion,

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and at trial. In such instances, plaintiff’s evidence must be relevant to plaintiff’s Eighth

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Amendment claim at issue here.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request (ECF No. 43) is granted; and

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2. Plaintiff’s request for an endorsed filed copy of the amended complaint without charge

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(ECF No. 45) is denied.

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Dated: July 18, 2014

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/hend2317.inf

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