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William L. Meador v. C.S.P. Dental Annex

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


April 20, 2011

WILLIAM L. MEADOR, PLAINTIFF,
v.
C.S.P. DENTAL ANNEX, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Currently before the court is plaintiff's motion for a physical examination. Dckt. No. 28.

Plaintiff's motion, made pursuant to Fed. R. Civ. P. 35(a), requests that the court order a doctor to conduct an examination of his person. Dckt. No. 28. Rule 35(a) provides that a court may "order a party whose mental or physical condition . . . is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner." But Rule 35 does not give the court authority to appoint an expert to examine a party on his own motion. Brown v. United States, 74 Fed. App'x 611, 614 (7th Cir. August 11, 2003); Adams v. Epps, 2008 U.S. Dist. LEXIS 93910, 2008 WL 4861926 at *1 (S.D. Miss. 2008) ("Rule 35 'does not vest the court with authority to appoint an expert to examine a party wishing an examination of himself.'"); see also Cabrera v. Williams, 2007 U.S. Dist. LEXIS 66480, 2007 WL 2682163 at *2 (D. Neb. Sept 7, 2007) (denying prisoner's request for medical examination under Rule 35); Lindell v. Daley, 2003 WL 23111624 at *1-2 (W.D. Wis. June 30, 2002) (Rule 35 allows the court to "order plaintiff to submit to an examination at the request of the opposing party . . . . The rule is not intended to cover a situation such as the one here, where plaintiff wishes an examination of himself.").

Thus, the rule provides no authority for the court to order a physical examination of plaintiff. Accordingly, it is hereby ORDERED that plaintiff's March 7, 2011 motion for a physical examination (Docket No. 28) is denied.

20110420

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