What factors must a court consider in determining whether there is an "exceptional circumstances" where a plaintiff has been denied access to medical records?
MultiRegion, United States of America
The following excerpt is from McGinnis v. Ramos, Case No.: 15-cv-2812 JLS (JLB) (S.D. Cal. 2017):
Agyeman, 545 U.S. 1128 (2005)). "When determining whether 'exceptional circumstances' exist, a court must consider 'the likelihood of success on the merits as well as the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved.'" Id. (quoting Weygandt v. Look, 718 F.2d 952, 954 (9th Cir.1983)). Neither of these considerations is dispositive and instead must be viewed together. Id.
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