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.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

STEPHEN PAUL JARRELL,
Plaintiff,
vs.
SECRETARY OF VETERANS
AFFAIRS, et al.,
Defendants.

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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