Jarrell v. McDonald et., al.

Filing 37

ORDER denying 35 Plaintiff's Motion for a Medical Examination. Signed by Magistrate Judge Sharon L. Ovington on 10-17-17. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON STEPHEN PAUL JARRELL, Plaintiff, vs. SECRETARY OF VETERANS AFFAIRS, et al., Defendants. : : : : : : : : : Case No. 3:16-cv-00095 District Judge Walter H. Rice Magistrate Judge Sharon L. Ovington ORDER This case is before the Court upon Plaintiff’s pro se Motion for a Medical Examination (Doc. #35) to which the sole remaining Defendant, the Secretary of Veterans Affairs, has not responded. Plaintiff seeks an Order permitting or requiring his medical examination under Fed. R. Civ. P. 35. Rule 35(a) gives this Court discretion to order “a party whose mental or physical condition… is in controversy to submit to a physical or mental examination….” Such an order “may be made only on motion for good cause and on notice to all parties and the person to be examined.” Fed. R. Civ. P. 35(a)(2). Contrary to Plaintiff’s contentions, Rule 35 “does not permit a party to seek his own medical examination….” Gannaway v. Prime Care Medical, Inc., 150 F.Supp.3d 511, 524 n.4 (E.D. Pa., 2015). It is therefore ORDERED that Plaintiff’s Motion for a Medical Examination (Doc. #35) is DENIED. October 17, 2017 s/Sharon L. Ovington Sharon L. Ovington United States Magistrate Judge

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