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United States v. Huynh

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 16, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MINH HUYNH, DEFENDANT.

EX PARTE REQUEST AND [PROPOSED] ORDER FOR AN ORTHOPEDIC SHOE

Counsel has been informed that Mr. Huynh suffered a gunshot wound in approximately 1990. Since that time, he has suffered pain in his leg. Counsel has further been informed that in 1997, while incarcerated at the federal institution in Dublin, California, he was allowed to wear his orthopedic shoe for more support.

Mr. Huynh has informed counsel that his family will pay for the orthopedic shoe. Therefore, counsel is requesting that Mr. Huynh's family be allowed to provide him with an orthopedic shoe.

Dated: June 9, 2009

Respectfully Submitted,

CHRISTOPHER HAYDN-MYER Attorney for Defendant

Minh Huynh

ORDER

The government has filed an opposition to the foregoing request, pointing out that defendant has been in custody since 1996, and has never before requested an orthopedic shoe or complained about the lack of an orthopedic shoe, although he has complained about other alleged physical conditions for which he has not been found to need special care or treatment. The only basis for the claim that defendant needs a special shoe is the statement of the defendant himself.

IT IS THEREFORE ORDERED that defendant's request for an order allowing his family to provide him with an orthopedic shoe be, and the same hereby is, DENIED, without prejudice to the right of defendant to file a noticed motion supported by appropriate declarations, and the right of the government to request an evidentiary hearing on the motion.

20090616

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