Ankeney v. Zavaras et al

Filing 157

MINUTE ORDER denying 153 plaintiffs Motion to Compel Continuing Discovery by Magistrate Judge Michael J. Watanabe on 11/4/2011.(ervsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02085-WJM-MJW RANDAL ANKENEY, Plaintiff, v. DR. TIM CREANY, NURSE PRACTITIONER KLENKE, and NURSE PRACTITIONER HIBBS, Defendants. MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that the plaintiff’s Motion to Compel Continuing Discovery (Docket No. 153) is denied. In this motion, plaintiff seeks a court order compelling the defendants to comply with Fed. R. Civ. P. 26(e) and to supplement their discovery with his “medical file and the results of Dr. Creany’s [recent examination] [which] must be disclosed to [plaintiff], as must any and all documents relating to the denial of Dr. Creany’s recommendation.” (Docket No. 153 at 2, ¶ 7). Defendants correctly note in their response (Docket No. 156), however, that the plaintiff’s medical file is available for his personal inspection. See CDOC Administrative Regulations 950-02 and 950-05 (attached as exhibits to Docket No. 152). Therefore, this court finds that defendants need not supplement their discovery with the requested materials. Date: November 4, 2011

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