Giraldes, Jr. v. Nicolai, et al.

Filing 51

ORDER signed by Magistrate Judge Allison Claire on 8/15/2017 DENYING without prejudice 50 Motion for Court Order as to Medical Files. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LARRY GIRALDES, JR.,

12
13
14
15

No. 2:16-cv-0497 KJM AC P

Plaintiff,
v.

ORDER

ALICE NICOLAI, et al.,
Defendants.

16
17

Larry Giraldes, Jr. (“plaintiff”) is a state prisoner proceeding pro se with this action

18

pursuant to 42 U.S.C. § 1983. Now pending before the court is his motion for court order as to

19

medical files. ECF No. 50. Plaintiff argues that defendants should be required to produce his

20

entire medical file on or before August 23, 2017 so that he may prove their dishonesty. Id. at 1.

21

He states that, in seeking an extension of time to respond to his motion for emergency injunctive

22

relief, defendants were “careful to stop the [medical] records at July 28, 2017” to obscure the fact

23

that his morphine was “taken totally” thereafter. Id. Plaintiff also relates an incident that

24

allegedly occurred on August 9, 2017 wherein an unidentified physician told plaintiff that no

25

court could dictate what care he would provide. Id. at 2.

26

The court will deny plaintiff’s motion. He does not indicate that he has sought the

27

relevant portions of his medical file through the prison’s own procedures, namely the “Olsen

28

review” process. See In re Olson, 37 Cal. App. 3d 783, 112 Cal. Rptr. 579 (1974). If, after
1

1

undertaking that process, plaintiff believes that he needs additional time to file a reply he may

2

motion for an appropriate extension of time. Alternatively, if the Olsen review request is denied,

3

plaintiff may renew his motion.

4

It is THEREFORE ORDERED that plaintiff’s motion for court order as to medical files

5

(ECF No. 50) is DENIED without prejudice.

6

DATED: August 15, 2017

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2