Smith v. Rahman

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/2013 ORDERING that plaintiff's 20 motion is PARTIALLY GRANTED; and defendant's counsel is DIRECTED to FORTHWITH contact the litigation coordinator at CSP-Solano, to ensure that plaintiff is granted access to his medical and mental health records prior to the 12/16/13 deposition. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRELL SMITH,

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No. 2:13-cv-0738 KJN P

Plaintiff,
v.

ORDER

DR. ABDUR RAHMAN,
Defendant.

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Plaintiff is a state prisoner proceeding without counsel. In plaintiff’s complaint, plaintiff

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alleges defendant was deliberately indifferent to plaintiff’s serious medical needs, and plaintiff

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appended various medical records. (ECF No. 1.) On September 16, 2013, the undersigned issued

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a discovery and scheduling order which set the discovery deadline for January 3, 2014. (ECF No.

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18.) On December 4, 2013, plaintiff filed a document styled, “Motion to Compel,” in which

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plaintiff states he “is having trouble getting a copy and review of medical and mental health

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records” prior to his deposition scheduled on December 16, 2013. (ECF No. 20.) Plaintiff

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provided a copy of his November 26, 2013 inmate request for interview form in which plaintiff

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states he “was ducated a month ago and signed trust withdrawal.” (ECF No. 20 at 2.)

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It appears that plaintiff has timely attempted to gain access to these materials by following

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prison procedures, to no avail. Plaintiff is entitled to review his medical records, particularly to

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prepare for his deposition. Given the proximity of plaintiff’s deposition, counsel for defendant is
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directed to contact the litigation coordinator at California State Prison, Solano, to ensure that

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plaintiff has adequate access to his medical and mental health records prior to the December 16,

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2013 deposition.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s December 4, 2013 motion (ECF No. 20) is partially granted; and

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2. Counsel for defendant is directed to forthwith contact the litigation coordinator at

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California State Prison, Solano, to ensure that plaintiff is granted access to his medical and mental

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health records prior to the December 16, 2013 deposition.

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Dated: December 12, 2013

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/smit0738.dep

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