Jones v. The City of Rosedale
ORDER denying 12 Motion for Rule 35 examination. Signed by Jane M Virden on 5/16/12. (ncb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
LA TIDTUS JONES
THE CITY OF ROSEDALE
Before the Court is the pro se prisoner plaintiff’s motion (# 12) for a physical
examination pursuant to FED.R.CIV.P. 35. Specifically, the plaintiff seeks an order requiring that
the Mississippi Department of Corrections “produce” him for an examination of his arm by “a
real licened [sic] or certied [sic] bone examiner.” According to the plaintiff, his claim against
the defendants is based upon an assault which resulted in a “broken and severely dislocated right
shoulder, broken right hand with nerve damages [sic] that plaintiff has never had the opportunity
to receive adequate medical treatment for.” The plaintiff further states that the condition of his
shoulder and right hand “will be” in controversy and that a determination of the scope of his
injuries is needed. This matter is currently set for a Spears hearing on June 4, 2012, and the
defendants have not yet been called upon to answer the complaint. Accordingly, the instant
motion is DENIED as premature.
This 16th day of May, 2012.
/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE
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