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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FLOYD ESPEY,

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Plaintiff,

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No. 2:13-2147 TLN KJN P

v.

ORDER

DEUEL VOCATIONAL INSTITUTION,
et al.,
Defendants.

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Plaintiff is a former state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff alleges that he received inadequate medical care in

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violation of the Eighth Amendment. For the following reasons, defendants are directed to

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supplement their briefing filed in support of their summary judgment motion.
On February 11, 2015, defendants Street, Awanti and Baath filed a summary judgment

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motion. (ECF No. 73.) In support of the summary judgment motion, defendants filed

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declarations by each defendant. (ECF Nos. 73-5, 73-6, 73-7.) Defendants also filed

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approximately 76 pages of medical records. (ECF No. 73-4.) Defendants’ declarations do not

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reference these records. Defendants’ statement of undisputed facts (ECF No. 73-3) generally

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references the medical records, but does not identify the specific page of the record referenced.

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Defendants are directed to file amended declarations for each defendant specifically

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identifying the medical records, including the page number of the exhibits filed with the court,

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which supports the statements in the declarations. Defendants are also directed to file an

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amended statement of undisputed facts clearly identifying the medical record referenced. It is not

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the court’s duty to comb through 76 pages of medical records, on defendants’ behalf, in order to

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determine whether defendants have submitted medical records in support of their claims.

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Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this

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order, defendants shall file the further briefing described above.

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Dated: May 14, 2015

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