Missouri Court of Appeals May 21, 1985, No. WD 36180 (Mullen v. McKnelly)

BERREY, Presiding Judge.

Leo M. Mullen, M.D., appeals the trial court’s order dismissing with prejudice his petition against defendant, William J. McKnelly, M.D.

Very briefly, defendant was appointed by U.S. Magistrate Calvin Hamilton to examine Dr. Mullen pursuant to 18 U.S.C. § 4244 and Local Rule 23. The purpose was to determine the mental condition of plaintiff, i.e.