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)

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.

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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.

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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.

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George C. Hanks Jr.
United States District Judge

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