Abdulaziz/Askew v. Williams et al

Filing 45

ORDER denying 43 Motion to Compel. Signed by Magistrate Judge Jerome T. Kearney on 4/16/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION MU’MIN ABDULAZIZ/ASKEW, ADC #82276 v. PLAINTIFF 1:12CV00102-DPM-JTK CORY WILLIAMS, et al. DEFENDANTS ORDER This matter is before the Court on Plaintiff’s Motion to Compel (Doc. No. 43). Defendants filed a Response in opposition to the Motion (Doc. No. 44). In his Motion, Plaintiff states Defendants failed to provide him with requested discovery, because they did not provide him with copies of his mental health records and because not all of the Defendants signed the discovery responses. In Response, Defendants state that Arkansas Department of Correction (ADC) policy forbids providing inmates with copies of their medical and mental health records, and that Plaintiff has been provided opportunities to review his records and make notes. In addition, not all of the present Defendants were part of this lawsuit at the time the discovery was propounded; therefore, they did not all sign the responses. Finally, Defendants note that Plaintiff failed to comply with FED.R.CIV.P. 37(a)(1), which requires a movant to confer in good faith with the opposing party prior to filing a motion to compel, and to provide a certificate of good faith. The Court finds that Plaintiff’s Motion should be denied and that Defendants have adequately responded to his discovery requests. ADC policy forbids copies of medical and mental health records and Plaintiff does not claim that he has been denied the opportunity to review the relevant records for this lawsuit. In addition, Defendants present an adequate explanation for 1 lacking the signatures of all the Defendants. Finally, the Court finds that any failure in the future of either party to comply with the good faith Rule requirements will render the automatic denial of a motion to compel. Accordingly, IT IS, THEREFORE, ORDERED that Plaintiff’s Motion to Compel (Doc. No. 43) is DENIED. IT IS SO ORDERED this 16th day of April, 2013. ______________________________________ JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE 2

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