Aung

(PC) Murray v. Aung

Good Law
United States District Court, Eastern District of CaliforniaJuly 22, 20212:19-cv-02114California703 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY MURRAY, No. 2:19-cv-2114 JAM AC P Plaintiff, v. ORDER WARDEN, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983, has filed motion requesting assistance obtaining an evaluation for mental deterioration and focal dysfunction and appointment of counsel due to these symptoms. ECF No. 32. It appears that plaintiff may be attempting to request an independent medical examination under Federal Rule of Civil Procedure 35. Federal Rule of Civil Procedure 35(a) provides that [t]he court where the action is pending may order a party whose mental or physical condition . . . is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control. 25…

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