McFerrin v. Patel et al

Filing 14

ORDER REQUESTING A MARTINEZ REPORT (Signed by Judge George C Hanks, Jr) (Attachments: # 1 Original Complaint) Parties notified.Copy mailed to Jacqueline Lee Haney. (dperez, 3)

Download PDF
United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION ERVIN LEE MCFERRIN, Plaintiff, VS. PINKEE PATEL, et al, Defendants. § § § § § § § § August 24, 2017 David J. Bradley, Clerk CIVIL ACTION NO. 3:15-CV-274 ORDER REQUESTING A MARTINEZ REPORT The plaintiff, Ervin McFerrin (TDCJ #01607758), has filed a complaint under 42 U.S.C. § 1983 claiming that the defendants provided him with Constitutionally deficient medical treatment (Dkt. 1). The Court needs to examine pertinent records that are presumably in the possession of TDCJ. Accordingly, to supplement the pleadings and enable the Court to evaluate McFerrin’s claims, the Court ORDERS the State Attorney General’s Office to provide a report to the Court for its review within sixty (60) days under Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1987). See Cay v. Estelle, 789 F.2d 318, 323 & n.4 (5th Cir. 1986) (discussing the utility of a Martinez report). The Clerk will provide a copy of this order to the parties. 1/2 The Clerk shall further provide a copy of this order, along with copies of McFerrin’s original complaint and its attachments (Dkt. 1), to Jacqueline Lee Haney, Assistant Attorney General for the State of Texas, Law Enforcement Defense Division, 300 W. 15th Street, Austin, Texas 78701, by Fax at 512-936-2109 or electronically. SIGNED at Galveston, Texas, this 23rd day of August, 2017. ___________________________________ George C. Hanks Jr. United States District Judge 2/2

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?