Brown v. Naseer

Filing 29

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/05/14 denying 20 Motion that the court order California Department of Corrections and Rehabilitation officials to provide plaintiff with a medical examination by a physician not affiliated with the California Department of Corrections and Rehabilitation. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEXTER BROWN,

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Plaintiff,

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No. 2:14-cv-0225 WBS CKD P

v.

ORDER

SAHIR NASEER,

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Defendant.

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Plaintiff is a California prisoner proceeding pro se with an action for violation of civil

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rights under 42 U.S.C. § 1983. His remaining claim concerns an instance of allegedly inadequate

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medical care by defendant Dr. Naseer. Defendant Dr. Naseer has not yet appeared in this action.

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On August 27, 2014, plaintiff submitted a document to the court in which he requests “an

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evaluation by objective non-CDCR physicians.” There are two problems with this request. First,

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the basis of the claim which remains in this action is not plaintiff’s ongoing medical care; rather,

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the claim arises from a single instance of alleged inadequate care by defendant Dr. Naseer. To

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the extent plaintiff challenges ongoing care, he should initiate a separate lawsuit. Second, while

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the court has the power under the “All Writs Act” (28 U.S.C. § 1651)1 to issue orders necessary

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for the prosecution of this matter by plaintiff, plaintiff fails to show that ordering an evaluation of

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Under 28 U.S.C. § 1651, “. . . all courts established by an Act of Congress may issue all writs
necessary or appropriate in aid of their respective jurisdictions . . .”
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plaintiff’s health by a non-California Department of Corrections and Rehabilitation physician is

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such an order.

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For all of these reasons, IT IS HEREBY ORDERED that plaintiff’s request that the court

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order California Department of Corrections and Rehabilitation officials to provide plaintiff with a

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medical examination by a physician not affiliated with the California Department of Corrections

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and Rehabilitation (ECF No. 20) is denied.

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Dated: December 5, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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brow0225.op

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