Giraldes, Jr. v. Nicolai, et al.
Filing
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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)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LARRY GIRALDES, JR.,
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No. 2:16-cv-0497 KJM AC P
Plaintiff,
v.
ORDER
ALICE NICOLAI, et al.,
Defendants.
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Larry Giraldes, Jr. (“plaintiff”) is a state prisoner proceeding pro se with this action
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pursuant to 42 U.S.C. § 1983. Now pending before the court is his motion for court order as to
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medical files. ECF No. 50. Plaintiff argues that defendants should be required to produce his
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entire medical file on or before August 23, 2017 so that he may prove their dishonesty. Id. at 1.
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He states that, in seeking an extension of time to respond to his motion for emergency injunctive
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relief, defendants were “careful to stop the [medical] records at July 28, 2017” to obscure the fact
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that his morphine was “taken totally” thereafter. Id. Plaintiff also relates an incident that
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allegedly occurred on August 9, 2017 wherein an unidentified physician told plaintiff that no
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court could dictate what care he would provide. Id. at 2.
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The court will deny plaintiff’s motion. He does not indicate that he has sought the
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relevant portions of his medical file through the prison’s own procedures, namely the “Olsen
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review” process. See In re Olson, 37 Cal. App. 3d 783, 112 Cal. Rptr. 579 (1974). If, after
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undertaking that process, plaintiff believes that he needs additional time to file a reply he may
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motion for an appropriate extension of time. Alternatively, if the Olsen review request is denied,
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plaintiff may renew his motion.
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It is THEREFORE ORDERED that plaintiff’s motion for court order as to medical files
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(ECF No. 50) is DENIED without prejudice.
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DATED: August 15, 2017
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