Poole v. Duncan et al

Filing 26

ORDER TAKING UNDER ADVISEMENT 15 Motion to Amend/Correct; DENYING 21 Motion. Signed by Magistrate Judge Donald G. Wilkerson on 3/2/15. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
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DEMARCO POOLE,
Plaintiff,
v.
DR. J COE, et al.,
Defendants.

Case No. 3:14-cv-1094-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
This matter is before the Court on the Motion to Request Examination by an Outside
Doctor filed on February 17, 2015 (Doc. 21) and the Motion to Amend filed on December 9, 2015
(Doc. 15) by Plaintiff.

The Motion to Request Examination is DENIED WITHOUT

PREJUDICE and the Motion to Amend is, again, TAKEN UNDER ADVISEMENT.
Plaintiff requests an independent medical examination pursuant to Federal Rule of Civil
Procedure 35. This Rule provides that the Court may order a party to submit to a physical
examination if that party’s medical condition is in dispute. Plaintiff seeks such an examination in
order to establish is current medical state and for additional medical treatment. Rule 35 does not
authorize the Court to appoint a medical expert, at Plaintiff’s request, to examine the Plaintiff
himself; rather, the Rule allows the Court to direct an opposing party to make himself available for
examination. If Plaintiff seeks medical care outside the prison, he must locate and retain an
appropriate health professional (at his own cost) and coordinate his consultation with that health
professional and with prison officials. This Court cannot assist Plaintiff in seeking out a doctor to
perform the examination. This Motion is accordingly DENIED.
On January 22, 2015, Plaintiff’s Motion to Amend was taken under advisement and
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Plaintiff was directed to submit his proposed amended complaint by February 23, 2015 (Docs. 19,
20). Plaintiff has failed to submit a proposed amended complaint by the deadline. Plaintiff is
sua sponte GRANTED until March 20, 2015 to submit a proposed amended complaint. Failure
to do so by the new deadline will result in denial of the motion to amend.
IT IS SO ORDERED.
DATED: March 2, 2015

DONALD G. WILKERSON
United States Magistrate Judge

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