Sherman v. Klenke et al

Filing 113

ORDER FOR CLERK OF THE COURT TO ISSUE SUBPOENAS. Plaintiff's 111 Request for Subpoenas is granted. By Magistrate Judge Craig B. Shaffer on 7/3/13. (Attachments: # 1 US Marshal Form)(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03091-PAB-CBS
MATTHEW SHERMAN,
Plaintiff,
v.
WILLIAM KLENKE, N.P., and
DOLORES MONTOYA, H.S.A.,
Defendants.

ORDER FOR CLERK OF THE COURT TO ISSUE SUBPOENAS

Magistrate Judge Craig B. Shaffer
This civil action comes before the court on “Plaintiff’s Request for Subpoenas.”
Pursuant to the Order Referring Case dated May 9, 2012 (Doc. # 31) and the memorandum
dated June 21, 2013 (Doc. # 112), this matter was referred to the Magistrate Judge. On
December 7, 2011, the court granted Mr. Sherman leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915. (See Doc. # 6). It is now ORDERED that:
1.

“Plaintiff’s Request for Subpoenas” (filed June 21, 2013) (Doc. # 111) is

GRANTED.
2.

The Clerk of the Court shall issue a subpoena to the Colorado Department of

Corrections, 2862 South Circle Dr., Colorado Springs, CO 80906 to produce the following:
I.
Inmate grievances filed within three years preceding May 1, 2011
regarding the refusal of pain medications or other pain management measures ,
by N.P. William Klenke or Dolores Montoya, H.S.A.
II.
All Department of Corrections Documents Administrative Regulations &
Fremont Correctional Facility Implementation/Adjustments related to the
administration of pain medication and/or other methods of pain management.
III.
CDOC Clinical Standards and Procedures related to pain management
and/or the administration of pain medication.
IV.

Any other DOC policy, standard, or procedure that governs the
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management of pain or administration of pain medications, including any which
are specific to Fremont Correctional Facility.
V.
All Documents or Records referencing treatment of Mr. Sherman from
May 1, 2011 through November 30, 2011, including treatment received outside
of the FCF medical clinic, specifically related to treatment of his hernia and the
management of the pain associated with it.
3.

The Clerk of the Court shall issue a subpoena to Eric H. Rieger, M.D., St.

Thomas More General Surgery Group, 1339 Phay Avenue, Canon City, CO 81212 to
produce the following:
I.
All records and notes regarding the treatment and surgery of DOC
Inmate Matthew Sherman, # 149380, DOB 12/22/80, to include initial, pre-op,
and post-op consultations, reports and requests to CHP, responses from CHP,
and any documentation or communication with CDOC medical staff.
4.

The items shall be produced to Matthew Sherman, # 149380, Fremont

Correctional Facility, P.O. Box 999, Canon City, CO 81215-0999, on or before Monday
August 5, 2013.
5.

The United States Marshal shall serve the subpoenas. All costs of service shall

be advanced by the United States.
Dated at Denver, Colorado this 3rd day of July, 2013.
BY THE COURT:

s/ Craig B. Shaffer
United States Magistrate Judge

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