Johnson v. California Forensic Medical Group, 1:17-cv-00755-LJO-EPG (PC). (2019)
Court: District Court, E.D. California
Number: infdco20190311559
Visitors: 4
Filed: Mar. 04, 2019
Latest Update: Mar. 04, 2019
Summary: ORDER DIRECTING CALIFORNIA CORRECTIONAL INSTITUTION (CCI TEHACHAPI) TO TAKE PHOTOGRAPHS AND RADIOGRAPHIC IMAGES OF PLAINTIFF'S HAND AND TO PROVIDE SUCH PHOTOGRAPHS AND IMAGES TO APPOINTED COUNSEL ERICA P. GROSJEAN , Magistrate Judge . ORDER Aylwin Johnson, Jr. ("Plaintiff") is a state prisoner (CDC# AN-7199) proceeding pro se and in forma pauperis in this civil rights action, filed pursuant to 42 U.S.C. 1983. Plaintiff is currently housed at a California Correctional Institution, in
Summary: ORDER DIRECTING CALIFORNIA CORRECTIONAL INSTITUTION (CCI TEHACHAPI) TO TAKE PHOTOGRAPHS AND RADIOGRAPHIC IMAGES OF PLAINTIFF'S HAND AND TO PROVIDE SUCH PHOTOGRAPHS AND IMAGES TO APPOINTED COUNSEL ERICA P. GROSJEAN , Magistrate Judge . ORDER Aylwin Johnson, Jr. ("Plaintiff") is a state prisoner (CDC# AN-7199) proceeding pro se and in forma pauperis in this civil rights action, filed pursuant to 42 U.S.C. 1983. Plaintiff is currently housed at a California Correctional Institution, in T..
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ORDER DIRECTING CALIFORNIA CORRECTIONAL INSTITUTION (CCI TEHACHAPI) TO TAKE PHOTOGRAPHS AND RADIOGRAPHIC IMAGES OF PLAINTIFF'S HAND AND TO PROVIDE SUCH PHOTOGRAPHS AND IMAGES TO APPOINTED COUNSEL
ERICA P. GROSJEAN, Magistrate Judge.
ORDER
Aylwin Johnson, Jr. ("Plaintiff") is a state prisoner (CDC# AN-7199) proceeding pro se and in forma pauperis in this civil rights action, filed pursuant to 42 U.S.C. § 1983. Plaintiff is currently housed at a California Correctional Institution, in Tehahapi, CA ("CCI Tehachapi"). Counsel, Sanjay Schmidt, has been appointed for Plaintiff on a limited purpose basis. ECF No. 51 at 1:19-22. The appointment of Mr. Schmidt is for specified purposes, including consulting with/securing a medical expert for Plaintiff. ECF No. 51 at 1:26. The medical expert counsel has secured, Leslie A. Konkin, M.D., an Orthopedic Surgeon, requires that (1) certain, current photographs be taken of Plaintiff's hand, examples of which (to demonstrate the views needed) are attached as Exhibit 1 to this Order, and requires (2) current X-Rays of Plaintiff's hand, a prescription for which is attached as Exhibit 2 to this Order.
Having considered the request of appointed counsel for the above-referenced photographs and X-Ray,
IT IS HEREBY ORDERED that:
1. The investigative services unit or any other unit at CCI Techachapi that is able to do so take current pictures of Plaintiff's hand of the views demonstrated in the pictures attached to this Order as Exhibit 1, in compliance with the procedures laid out by Stanley Trevor (ECF No. 58, p. 4), and that such pictures be promptly sent on a disc or thumb drive to appointed counsel, at: Law Office of Sanjay S. Schmidt, 1388 Sutter Street, Suite 810, San Francisco, CA 94109. Alternatively, the pictures can be sent via email, as long as digital versions of the pictures are sent in the highest resolution available, to: ss@sanjayschmidtlaw.com. Upon receipt of the pictures, Mr. Schmidt shall promptly produce copies to defense counsel; and
2. Plaintiff's request that radiographic imaging of Plaintiff's hand — X-Rays — be taken in accordance with a prescription is denied without prejudice, as outside the scope of the procedures laid out by Stanley Trevor. Mr. Schmidt may re-file the request with legal citations (or evidence) for the Court's authority to order an institution to take X-Rays.
IT IS SO ORDERED.
EXHIBIT 1
Views of Photographs to be Taken of Plaintiff's Hand
EXHIBIT 2
Prescription for X-Ray
Source: Leagle
