Filed: Aug. 07, 2018
Latest Update: Aug. 07, 2018
Summary: ORDER DEBORAH BARNES , Magistrate Judge . Defendant is currently incarcerated at the Nevada Southern Detention Center ("NSDC"). On July 12, 2018, defendant entered a guilty plea and is awaiting sentencing. On August 1, 2018, Judge Burrell referred defendant's amended motion for medical services to the duty magistrate judge, currently the undersigned. The undersigned has reviewed defendant's amended motion (ECF Nos. 107 1 ), the government's response (ECF Nos. 108), and defendant's reply (E
Summary: ORDER DEBORAH BARNES , Magistrate Judge . Defendant is currently incarcerated at the Nevada Southern Detention Center ("NSDC"). On July 12, 2018, defendant entered a guilty plea and is awaiting sentencing. On August 1, 2018, Judge Burrell referred defendant's amended motion for medical services to the duty magistrate judge, currently the undersigned. The undersigned has reviewed defendant's amended motion (ECF Nos. 107 1 ), the government's response (ECF Nos. 108), and defendant's reply (EC..
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ORDER
DEBORAH BARNES, Magistrate Judge.
Defendant is currently incarcerated at the Nevada Southern Detention Center ("NSDC"). On July 12, 2018, defendant entered a guilty plea and is awaiting sentencing. On August 1, 2018, Judge Burrell referred defendant's amended motion for medical services to the duty magistrate judge, currently the undersigned.
The undersigned has reviewed defendant's amended motion (ECF Nos. 1071), the government's response (ECF Nos. 108), and defendant's reply (ECF No. 105). Defendant seeks an order directing the U.S. Marshal's Service ("USMS") to transport her to certain medical professionals in southern Nevada near NSDC. The court finds defendant has not met her burden of establishing either a legal or factual basis for the motion.
First, defendant fails to show that the USMS is the appropriate agency for such an order. If it is not, does this court have jurisdiction to order NSDC, located in the District of Nevada, to provide defendant with certain care or must defendant file an action in that district?
Second, defendant completely fails to establish a factual basis for this motion. Defendant fails to provide facts showing she has not received appropriate medical care at NSDC, fails to provide facts supporting the health problems she alleges, and fails to provide facts supporting the need for the care she seeks.
The court will permit defendant to supplement her motion to address these concerns.
Accordingly, IT IS HEREBY ORDERED as follows:
1. Within twenty days of the date of this order, defendant shall file a supplement to her amended motion for medical services to address the court's concerns stated above;
2. Within ten days of the date of service of defendant's supplement, the government shall file a response. Defendant's reply, if any, is due within five days of the date of service of the government's response.
