Evans v. Dzurenda et al

Filing 22

ORDER granting in part ECF No. 17 Plaintiff's Motion for Court Order Medical Records; the AG is directed to ensure NDOC's compliance with this court's order as set forth in ECF No. 14 at 3; the AG shall file a Notice of Com pliance with this directive on or before 7/15/2019; Plaintiff's deadline to respond to Defendants' filings (ECF Nos. 18 , 19 , and 20 ) is extended to 7/31/2019. Signed by Magistrate Judge William G. Cobb on 7/10/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TODD EVANS,
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Plaintiff,
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vs.
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DZURENDA, et al.,
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Defendants.
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______________________________________)

3:18-cv-00283-RCJ-WGC
ORDER
Re: ECF No. 17

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Before the court is Plaintiff’s “Motion for Court Order Medical Records” (ECF No. 17). No
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response was received by the court from the Defendants.
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The court’s minutes of proceedings of its hearing on May 24, 2019, reflect the court directed that
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“Plaintiff must be given possession of the relevant records, including medical and mental health records,
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until disposition of the motion for appointment of a guardian ad litem.” (ECF No. 14 at 3; emphasis in
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the original.) Plaintiff’s inmate law clerk assistant, Mr. Hull, was also allowed by the court to review
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Plaintiff’s records with Plaintiff.
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Due to the unique circumstances of the case, the court also ordered that, for the purposes of the
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guardian ad litem motion and only in this case, Plaintiff would be allowed to “possess his medical and
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mental health records in his cell . . . .” (Id.)1

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According to Plaintiff’s motion (ECF No. 17, which, as noted above, no response was filed),
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Plaintiff has not apparently been provided the access to his records as was contemplated by the court’s
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order in ECF No. 14. Additionally, it appears Mr. Hull was similarly not provided access to Plaintiff’s
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This aspect of the court’s order was stayed until Tuesday, May 28, 2019, to enable the Attorney General
to object to the order. (Id.) No objection was filed.

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records. (See, e.g., ECF No. 17 at 6.)

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Plaintiff’s motion (ECF No. 17) is GRANTED IN PART. The Office of the Attorney General

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is directed to ensure NDOC’s compliance with this court’s order as set forth in ECF No. 14 at 3. The

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Office of the Attorney General shall file a Notice of Compliance with this directive on or before July 15,

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2019. The Notice shall address Plaintiff’s access to his medical and mental health records as per the

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court’s order of May 24, 2019. (ECF No. 14 at 3.)

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The court denies without prejudice the component of Plaintiff’s motion (ECF No. 17) which

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requests this court order an “independent review of medical I-file and mental health I-file for outside

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specialist not associated with the Nevada Department of Prisons and without the Attorney General

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Influence over Doctors.” (Id. at 2, 4.) It is premature to undertake such review.

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The court’s minutes of proceedings also set forth certain deadlines. The medical and mental

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evaluations were to be filed on or before July 8, 2019. Defendants filed their response on July 8, 2019.

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(See ECF Nos. 18, 19 and 20.) Plaintiff was given ten (10) days after being served with Defendants’

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memorandum to file and serve his response. Because Plaintiff’s motion (ECF No. 17) indicates Plaintiff

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was apparently not provided the access to his records the court contemplated, the court extends the

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deadline for Plaintiff to respond to Defendants’ filings (ECF Nos. 18, 19 and 20) to July 31, 2019. If

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Plaintiff’s response includes any medical or mental health records, they should be filed under seal.

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IT IS SO ORDERED.

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DATED: July 10, 2019.

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____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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