Bush v. Louisiana State et al

Filing 26

ORDER ON MOTIONS:g 24 Motion to Amend 6 Complaint: DENIED WITHOUT PREJUDICE AS PREMATURE; 25 Motion for Writ of Mandamus: DISMISSED WITHOUT PREJUDICE AS PREMATURE. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ZEVI BUSH

CIVIL ACTION

VERSUS

NO. 16-305

STATE OF LOUISIANA ET AL.

SECTION “N” (2)

ORDER ON MOTIONS
APPEARANCES: None (on the briefs)
MOTIONS:

(1)
(2)

Plaintiff’s Motion to Change Style and Add Defendants,
Record Doc. No. 24
Plaintiff’s Request for Writ of Mandamus, Record Doc. No. 25

O R D E R E D:
(1) : DENIED WITHOUT PREJUDICE AS PREMATURE. Answers have been filed on
behalf of all but one defendant in this case. Amendment or supplementation of plaintiff’s
complaint requires leave of court. Fed. R. Civ. P. 15(a). Accordingly, plaintiff’s motion
is hereby denied without prejudice as premature. It may be reurged, if appropriate, after
service upon and an appearance in the record by all defendants to provide defendants with
an opportunity to respond to the motion.
(2) : DISMISSED WITHOUT PREJUDICE AS PREMATURE. In his “Request for Writ
of Mandamus,” Record Doc. No. 25, plaintiff requests that the court order OJC [Orleans
Justice Center] to (1) “provide the names of all staff working on the date where Plaintiff
was attacked in the housing unit in which Plaintiff was attacked, and any other OJC
investigative staff names” and (2)“provide a complete medical exam and hearing test.”
Record Doc. No. 25 at pp. 5-6. Plaintiff is advised that such discovery is premature and
prohibited at this time, Schultea v. Wood, 47 F.3d 1427 (5th Cir. 1995), as the court
completes the screening process required for such cases. 28 U.S.C. § 1915A.
Insofar as plaintiff requests a medical exam and hearing test, Fed. R. Civ. P. 35(a)
permits the mental or physical examination of a party only upon court order based on a
showing of good cause. All essential requirements of Rule 35(a) are not yet satisfied in this
case. Although the physical condition of plaintiff is clearly at issue in this case, good cause
does not exist for the proposed medical examinations requested by plaintiff at this time.
The medical records directly relevant to plaintiff’s claim in this case have already been

received. Record Doc. No. 23. As set out above, this matter is being screened pursuant to
28 U.S.C. § 1915A. If it is later determined that further proceedings are required, this
motion may be reconsidered. Accordingly, IT IS ORDERED that this portion of
plaintiff’s motion is also DENIED as premature.

20th
New Orleans, Louisiana, this _________ day of June, 2016.

JOSEPH C. WILKINSON, JR.
UNITED STATES MAGISTRATE JUDGE

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