Bashinski Jr. v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARTIN MACK BASHINSKI JR., Case No.: 23-cv-01026-JO-JLB

Plaintiff,

ORDER DENYING DEFENDANT’S

v. MOTION TO COMPEL RULE

MENTAL EXAMINATION OF

THE UNITED STATES OF AMERICA,

PLAINTIFF

Defendant. [ECF No. 30]

Before the Court is a motion to compel Plaintiff Martin Mack Bashinski Jr. (“Plaintiff”) to participate in an independent psychological examination (“IPE”) filed by Defendant United States of America (“Defendant”). (ECF No. 30.) For the reasons set forth below Defendant’s motion (ECF No. 30) is DENIED without prejudice. I. BACKGROUND Plaintiff filed the underlying action pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671–2680, alleging medical malpractice pertaining to care he received through the United States Department of Veterans Affairs (“VA”). (ECF No. 1.) Specifically, Plaintiff asserts that a retinal tear in his left eye was neither timely diagnosed…