Opinion
No. 11-cv-0379 WJ/SMV No. 11-cv-0582 WJ/SM
08-01-2012
CRAIG P. ELLIS, Plaintiff, v. BERNALILLO COUNTY METROPOLITAN DETENTION CENTER et al., Defendants, and CRAIG P. ELLIS, Plaintiff, v. RAMON RUSTINI et al., Defendants.
ORDER DENYING PLAINTIFF'S MOTION FOR A MARTINEZ REPORT
THIS MATTER is before the Court on Plaintiff's Motion Requesting Medical Records and Further Evidence [Doc. 66]. Plaintiff moves the Court to issue an order for a Martinez report to acquire certain medical records related to Plaintiff's suit under 42 U.S.C. § 1983. Motion Requesting Medical Records and Further Evidence [Doc. 66] at 1. The Court, being fully advised in the premises, FINDS that the Motion is not well-taken and should be denied.
In a suit brought by a pro se prisoner, the Court may order the defendants to investigate the incident underlying the suit and to submit a report of the investigation, known as a "Martinez report." Hall v. Bellmon, 935 F.2d 1106, 1109 (10th Cir. 1991); see Martinez v. Aaron, 570 F.2d 317, 319-20 (10th Cir. 1978) (affirming the propriety and necessity of such reports). The Martinez report assists the Court in determining whether there is a factual and legal basis for the prisoner's claims. Hall, 935 F.2d at 1109.
The Court is still reviewing the record in this case for the purpose of determining whether it will need to order Defendants to submit a Martinez report. Accordingly, the Court will not order Defendants to submit a Martinez report at this time.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff's Motion Requesting Medical Records and Further Evidence [Doc. 66] is DENIED.
IT IS SO ORDERED.
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STEPHAN M. VIDMAR
United States Magistrate Judge