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Wagner v. Posner

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


August 26, 2010

CLINTON WAGNER, PLAINTIFF,
v.
MOSS POSNER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On March 25, 2010 and April 1, 2010, plaintiff filed motions for injunctive relief. Plaintiff alleges that he suffers from hepatitis B. Plaintiff requests that he be transferred to a prison that is able to provide him with the special diet he requires. Plaintiff also requests that he receive "immediate follow up medical care specialist examination" by either CT, MRI or liver biopsy.

On August 6, 2010, defendants filed an opposition to plaintiff's motions for injunctive relief. Attached to the opposition is the declaration of Dr. Nangalama in which he describes the care plaintiff has received for hepatitis B. Dr. Nangalama states that on February 24, 2010, plaintiff was seen for a specialty consultation with a heptologist at UC Davis. The heptologist ordered a 4 phase CT of plaintiff's abdomen along with AFP testing. Dr. Nangalama states that on April 16, 2010, he completed a referral on plaintiff's behalf to UC Davis radiology for the CT scan that had been previously ordered by the heptologist on February 24, 2010. In his declaration, dated August 6, 2010, Dr. Nangalama does not state whether plaintiff has yet received the CT scan and AFP testing ordered by the heptologist on February 24, 2010.

Accordingly, IT IS HEREBY ORDERED that within ten days of the date of this order, defendants shall inform the court of the status of the CT scan and AFP testing ordered for plaintiff by the heptologist at UC Davis on February 24, 2010.

20100826

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