REAVES v. WEXFORD MEDICAL SERVICES

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

KEVIN REAVES, ) ) Plaintiff, ) ) v. ) No. 1:19-cv-00151-JPH-DLP ) WEXFORD MEDICAL SERVICES, et al. ) ) Defendants. )

ORDER DENYING MOTION TO SHOW GOOD CAUSE FOR PHYSICAL EXAMINATION

Plaintiff Kevin Reaves renews his motion for a physical examination by an outside provider. He contends that such an examination is necessary because the average person does not understand his health conditions, which include albinism and diabetes. Mr. Reaves’s motion is understood to be brought pursuant to Rule 35 of the Federal Rules of Civil Procedure. As the Court has explained, Rule 35(a) provides that the “court . . . may order a party whose mental or physical condition . . . is in controversy to submit to a physical or mental examination.” The Rule also requires, among other things, that the party’s physical condition be “in controversy” and that the order directing the examination be made only on a showing of “good cause” and after notice to all parties. Dkt. 86. Rule 35 is most typically used by the defendant to require a plaintiff to “submit” to an examination. Cf. Reyes v. Dart, 801 F.3d 879, 881 (7th Cir. 2015). The Rule is not an alternative means for a plaintiff to obtain an expert. Moreover, to the extent that Mr. Reaves contends that his conditions are difficult to understand, he had demonstrated his ability to identify his symptoms and describe them to the Court. He has therefore failed to show that an examination by an outside provider is necessary at this time. Accordingly, the motion to show good cause for physical examination, dkt. [171], is DENIED. SO ORDERED. Date: 5/15/2020 SJamu Patrick lbanlove James Patrick Hanlon Distribution: United States District Judge Southern District of Indiana KEVIN REAVES 161700 BRANCHVILLE - CF BRANCHVILLE CORRECTIONAL FACILITY Electronic Service Participant — Court Only All Electronically Registered Counsel