Goodlow, Jr. v. Camacho

Opinion

GOODLOW, JR., Case No.: 18-cv-709-CAB-MDD

Plaintiff, ORDER DENYING PLAINTIFF’S v. EX PARTE REQUEST FOR MEDICAL EVALUATION CAMACHO, et al.,

Defendants. [ECF No. 87] Plaintiff Ivan Frances Goodlow, Jr. (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, has moved ex parte for the Court to order an independent medical examination for him. Rule 35 of the Federal Rule of Civil Procedure authorizes the Court to “order a party whose mental or physical condition [] is in controversy to submit to a physical or mental exam . . . .” Fed. R. Civ. P. 35(a)(1). Ordering a party to submit to a mental or physical exam requires a showing of “good cause and [] notice to all parties and the person to be examined.” Id. Rule 35, however, “does not vest the court with authority to appoint an expert to examine a party wishing an examination of himself.” Smith v. 2007 U.S. Dist. LEXIS 66480 (D. Neb. 2007) (denying a prisoner’s request for his own medical examination under Rule 385). Plaintiff's motion for a court-ordered medical examination of himself is DENIED. Dated: July 2, 2020 tlh | [ Hon. Mitchell D. Dembin United States Magistrate Judge