Merriman v. Governor Jerry Brown et al.

Filing 87

ORDER GRANTING JOINT MOTION FOR A MENTAL HEALTH EXAMINATION OF PLAINTIFF JUSTIN MERRIMAN by Hon. William Alsup granting 85 .(whalc1, COURT STAFF) (Filed on 10/6/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JUSTIN MERRIMAN,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 15-01715 WHA

v.
OFFICER FNU TIERNEY, OFFICER
FNU ROBINSON, DOES 1 to 50,

ORDER GRANTING JOINT
MOTION FOR A MENTAL
HEALTH EXAMINATION OF
PLAINTIFF JUSTIN MERRIMAN

Defendants.
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Plaintiff Justin Merriman and defendant Officer S. Robinson (first name unknown)

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jointly move for an examination of Merriman’s mental health by an independent examiner

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pursuant to Rule 35 (Dkt. No. 85). Defendant Officer Tierney (first name unknown) does not

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oppose the motion. Good cause shown, the motion is GRANTED, as follows.

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Plaintiff is ordered to undergo a mental health examination by Dr. Anna Glezer

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beginning at 8:30 A.M. ON OCTOBER 19, 2016, at San Quentin, California. Dr. Glezer will, by

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October 31, 2016, provide the parties and the Court with a report setting forth:

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(1) a mental-health diagnosis for Merriman;

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(2) an assessment of Merriman’s decision-making ability and his
ability to protect his own interests;

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(3) an assessment of Merriman’s ability to differentiate between
fact and fiction; and, if necessary;

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(4) the likelihood that treatment will restore Plaintiff to the point
where he can (a) successfully differentiate between fact and fiction
and (b) effectively participate in this action so as to protect his own
interests.

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The parties will, as soon as practicable, furnish Dr. Glezer with Merriman’s complete

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prison mental-heath record as well as transcripts of his two depositions in this matter, in order

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to assist in her examination and preparation of a report.

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IT IS SO ORDERED.

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Dated: October 6, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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