Espey v. Deuel Vocational Institution

Filing 88

ORDER signed by Magistrate Judge Kendall J. Newman on 5/14/2015 ORDERING that within 14 days, defendants shall file the further briefing described in this order.(Yin, K)

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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 FLOYD ESPEY, 12 Plaintiff, 13 14 15 No. 2:13-2147 TLN KJN P v. ORDER DEUEL VOCATIONAL INSTITUTION, et al., Defendants. 16 17 Plaintiff is a former state prisoner, proceeding without counsel, with a civil rights action 18 19 pursuant to 42 U.S.C. § 1983. Plaintiff alleges that he received inadequate medical care in 20 violation of the Eighth Amendment. For the following reasons, defendants are directed to 21 supplement their briefing filed in support of their summary judgment motion. On February 11, 2015, defendants Street, Awanti and Baath filed a summary judgment 22 23 motion. (ECF No. 73.) In support of the summary judgment motion, defendants filed 24 declarations by each defendant. (ECF Nos. 73-5, 73-6, 73-7.) Defendants also filed 25 approximately 76 pages of medical records. (ECF No. 73-4.) Defendants’ declarations do not 26 reference these records. Defendants’ statement of undisputed facts (ECF No. 73-3) generally 27 references the medical records, but does not identify the specific page of the record referenced. 28 //// 1 1 Defendants are directed to file amended declarations for each defendant specifically 2 identifying the medical records, including the page number of the exhibits filed with the court, 3 which supports the statements in the declarations. Defendants are also directed to file an 4 amended statement of undisputed facts clearly identifying the medical record referenced. It is not 5 the court’s duty to comb through 76 pages of medical records, on defendants’ behalf, in order to 6 determine whether defendants have submitted medical records in support of their claims. 7 Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this 8 order, defendants shall file the further briefing described above. 9 Dated: May 14, 2015 10 11 12 Espey2147.fb 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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