Goodlow, Jr. v. Camacho ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GOODLOW, JR., Case No.: 18-cv-709-CAB-MDD 12 Plaintiff, ORDER DENYING PLAINTIFF’S 13 v. EX PARTE REQUEST FOR MEDICAL EVALUATION 14 CAMACHO, et al., Defendants. 15 [ECF No. 87] 16 17 Plaintiff Ivan Frances Goodlow, Jr. (“Plaintiff”), a state prisoner 18 proceeding pro se and in forma pauperis, has moved ex parte for the Court to 19 order an independent medical examination for him. 20 Rule 35 of the Federal Rule of Civil Procedure authorizes the Court to 21 “order a party whose mental or physical condition [] is in controversy to 22 submit to a physical or mental exam . . . .” Fed. R. Civ. P. 35(a)(1). Ordering 23 a party to submit to a mental or physical exam requires a showing of “good 24 cause and [] notice to all parties and the person to be examined.” Id. 25 Rule 35, however, “does not vest the court with authority to appoint an 26 expert to examine a party wishing an examination of himself.” Smith v. 1 ||2007 U.S. Dist. LEXIS 66480 (D. Neb. 2007) (denying a prisoner’s request for 2 || his own medical examination under Rule 385). 3 Plaintiff's motion for a court-ordered medical examination of himself is 4 || DENIED. 5 IT IS SO ORDERED. Dated: July 2, 2020 tlh | [ Hon. Mitchell D. Dembin 8 United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27