Jones v. The City of Rosedale

Filing 13

ORDER denying 12 Motion for Rule 35 examination. Signed by Jane M Virden on 5/16/12. (ncb)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION LA TIDTUS JONES PLAINTIFF V. NO. 2:12CV00032-SA-JMV THE CITY OF ROSEDALE DEFENDANT ORDER 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?