Jones v. The City of Rosedale

Filing 22

ORDER denying 21 Motion for an Order for a Rule 35 examination. Signed by Jane M Virden on 7/24/12. (ncb)

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 second motion [21] for a physical
examination pursuant to FED. R. CIV. P. 35. Specifically, Plaintiff seeks an order requiring that
either the Bolivar County Regional Correctional Facility or the Mississippi Department of
Corrections produce him for an examination–including MRI’s and CAT scans–for the purpose of
“determination of the scope of” injuries to his right hand and right shoulder. Said alleged
injuries are allegedly the result of the “assault” which makes the basis of Plaintiff’s complaint.
By Order [13] dated May 16, 2012, this court denied Plaintiff’s first motion [12] for a
Rule 35 examination as premature on the grounds that a Spears hearing had not yet been
conducted and the defendants had not been called upon to answer the complaint. Now,
considering that a Report and Recommendation for dismissal of this case is pending and process
has not been issued for any defendant, the instant motion should likewise be, and is hereby,
DENIED as premature.
This 24th day of July, 2012.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE