Tucker v. Correctional Medical Services Inc et al

Filing 92

ORDER denying 86 Motion to Compel a ruling on his motion for injunctive relief; granting 89 Motion for Copies and directing the clerk to send Tucker copies of defs' responses (docket entries 68 and 69) to his motion for injunctive relief, a long with a copy of the brief in support filed by defts CMS, Inc. and Charlotte Green (docket entry #70); granting 89 Motion for Extension of Time to File Response/Reply re 81 PARTIAL REPORT AND RECOMMENDATIONS. Replies due by 2/22/2010. Signed by Judge Brian S. Miller on 1/22/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION RICHARD SCOTT TUCKER ADC #122704 V. NO: 2:09CV00151 BSM/HDY DEFENDANTS ORDER On January 7, 2010, United States Magistrate Judge H. David Young recommended denying plaintiff Richard Scott Tucker's motion for injunctive relief (docket entry #81). In his recommendation, Judge Young referenced defendants' responses to Tucker's motion. On January 20, 2010, Tucker filed a motion for copies, and for an extension of time to respond to Judge Young's recommendation (docket entry #89). On January 21, 2010, Plaintiff filed another motion for an extension of time to respond (docket entry #90).1 In his first motion for an extension, Tucker asserts that he never received defendants' responses to his motion for injunctive relief. Accordingly, the court will forward to Tucker copies of defendants' responses to his motion for injunctive relief, and grant him additional time to respond to Judge Young's recommendation. In light of Tucker's request for Judge Young has entered two different reports and recommendations (docket entries #81 & #84). Although plaintiff has failed to specify in his motions which recommendation he needs additional response time for, it appears from reading his motions that both motions refer to Judge Young's recommendation to deny his motion for injunctive relief, and the court will treat both motions accordingly.
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PLAINTIFF

CORRECTIONAL MEDICAL SERVICES INC. et al.

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additional time to respond, his motion to compel a ruling on his motion for injunctive relief (docket entry #86) is premature. IT IS THEREFORE ORDERED THAT: 1. Tucker's motions for copies and for an extension of time to file a response to

Judge Young's pending report and recommendation to deny his motion for injunctive relief (docket entries #89 & #90) are GRANTED. 2. The clerk is directed to send Tucker copies of defendants' responses (docket

entries #68 & #69), to his motion for injunctive relief, along with a copy of the brief in support filed by defendants Correctional Medical Services, Inc., and Charlotte Green (docket entry #70). 3. Tucker is directed to file his response to Judge Young's recommendation to

deny his motion for injunctive relief no later than February 22, 2010. 4. Tucker's motion to compel a ruling on his motion for injunctive relief (docket

entry #86) is DENIED. DATED this 22nd day of January, 2010.

UNITED STATES DISTRICT JUDGE

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