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Christopher Pyles v. Magid Fahim and Wexford Health Sources

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 10, 2013

CHRISTOPHER PYLES, PLAINTIFF,
v.
MAGID FAHIM AND WEXFORD HEALTH SOURCES, DEFENDANTS.

The opinion of the court was delivered by: Williams, Magistrate Judge:

MEMORANDUM AND ORDER

Before the Court is Plaintiff's Motion Requesting a Physical Examination Pursuant to Federal Rule of Civil Procedure 35(Doc. 82). Specifically, Plaintiff seeks an examination by two specialists, a Orthopedic Doctor and a Neurologist, as well as an MRI and/or CT scan in order to identify Plaintiff's injuries. Defendants have filed a Response (Doc. 86) in opposition to the motion. Based on the following, the Court DENIES Plaintiff's motion requesting physical examination (Doc. 82).

Federal Rule of Civil Procedure 35 (a)(1) allows the Court to "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." Fed.R.Civ.P. 35(a)(1) (emphasis adding) However, Plaintiff here wants the Court to order himself to submit to a physical examination. In essence, Plaintiff is requesting that he be allowed to see a specialist to bolster his claims. This is not the purpose of Rule 35 which is to allow the other side to pursue a physical examination from a party whose condition is at issue. Thus, the Court DENIES Plaintiff's request pursuant to Rule 35.

Further, to the extent Plaintiff is requesting an order for IDOC to allow him to see a specialistin the form of a preliminary injunction, the Court finds thatPlaintiff has failed to make any of the required showings to obtain a preliminary injunction. Accordingly, the Court DENIES Plaintiff's request for a physical examination.

IT IS SO ORDERED.

STEPHEN C. WILLIAMS United States Magistrate Judge

20130510

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