Lotersztain
(PC) Witkin v. Lotersztain
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL WITKIN, No. 2:19-cv-0406 DJC KJN P Plaintiff, v. ORDER MARIANA LOTERSZTAIN, et al., Defendants. 16 Plaintiff is a former state prisoner, proceeding pro se, with this civil rights action seeking relief under 42 U.S.C. § 1983. On December 29, 2023, defendant Lotersztain filed a motion for independent medical exam of plaintiff’s fourth right finger by defendant’s expert. Twenty-one days have passed, and plaintiff has not filed an opposition. As discussed below, defendants’ motion is granted. Background Mariana Lotersztain is the sole remaining defendant. Counsel for defendant previously provided plaintiff with the date, location, and time of the independent medical exam because it needed to be prearranged with defendant’s expert, Dr. Younger. (ECF No. 108 at 5.) Counsel then asked plaintiff if he would stipulate to the independent medical exam. Plaintiff said he