(PC) Rodriguez-Mendez v. Ellred,et al

Filing 13

ORDER signed by Magistrate Judge Dennis M. Cota on 6/6/2024 GRANTING plaintiff's 12 motion to file documents under seal. The Clerk shall file the documents attached to ECF No. 12 , pgs. 2-4, as Exhibit A, UNDER SEAL. Plaintiff's 11 objections to the Court's 5/142024 order denying counsel are OVERRULED and reconsideration of that order is DENIED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODRIGO RODRIGUEZ-MENDEZ,

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Plaintiff,

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v.

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ELLRED, et al.,

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No. 2:24-CV-0678-DMC-P

ORDER

Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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Bivens v. Six Unknown Agents, 403 U.S. 388 (1971). Pending before the Court is Plaintiff’s

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motion for leave to file medical records under seal in support of Plaintiff’s objections to the

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Court’s May 14, 2024, order denying counsel. See ECF No. 12.

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Plaintiff seeks leave to file documents under seal in support of his objections to the

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Court’s prior order denying Plaintiff’s motion for the appointment of counsel. Specifically,

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Plaintiff asks that medical records submitted as Exhibit A be filed under seal. Good cause

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appearing therefor, the request will be granted.

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The attached medical records indicate that Plaintiff has been diagnosed with severe

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lumbar spinal stenosis and that Plaintiff is wheelchair bound pending spinal decompression

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surgery. These records do not support reconsideration of the Court’s prior order denying the

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appointment of counsel. Specifically, Plaintiff’s spinal stenosis does not appear to affect
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Plaintiff’s ability to read, write, or presents his claims in this action. There is no indication in the

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attached records that Plaintiff suffers from any mental or learning disorder, or that his physical

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impairment limits his ability to proceed in this case. Plaintiff’s objections to the Court’s prior

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order denying counsel will be overruled and reconsideration of that order will be denied.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

Plaintiff’s motion to file documents under seal, ECF No. 12, is

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The Clerk of the Court shall file the documents attached to ECF No. 12 as

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GRANTED.

Exhibit A, ECF No. 12, pgs. 2-4, under seal.
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Plaintiff’s objections to the Court’s May 14, 2024, order denying counsel,

ECF No. 10, are overruled and reconsideration of that order is DENIED.

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Dated: June 5, 2024

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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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