Obama v. Burl et al

Filing 54

ORDER denying 49 Plaintiff's Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 01/16/2013. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

ISHMAEL HASSAN OBAMA
a/k/a Steven Donnelle Cody
ADC #145160
V.

PLAINTIFF

2:10CV00126 SWW/JTR

DANNY BURL, Warden,
East Arkansas Regional Unit, et al.

DEFENDANTS

ORDER
Plaintiff, Ishmael Hassan Obama, is a prisoner proceeding pro se in this § 1983
action. He has recently filed a Motion asking the Court to compel Defendants to
produce copies of his medical records. See docket entry #49. In that Motion, Plaintiff
concedes that Defendants are providing him with access to his medical records.
However, he claims that he needs copies of portions of his records to prove his case.
There are no dispositive motions on the merits of Plaintiff’s claim pending at
this time, and the case has not yet been set for trial. If Defendants file a Motion for
Summary Judgment on the merits of Plaintiff’s inadequate diet claim, Plaintiff can
then request from them copies of any of his relevant medical records that are not
already attached to Defendants Motion. If Defendants do not provide such copies,
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Plaintiff should promptly refile his Motion to Compel. Further, if this case proceeds
to trial, the Court will order the Defendants to provide Plaintiff with copies of the
relevant medical records he needs to prepare for trial and to bring Plaintiff’s complete
medical file to Court.
IT IS THEREFORE ORDERED THAT Plaintiff’s Motion to Compel (docket
entry #49) is DENIED.
Dated this 16th day of January, 2013.

UNITED STATES MAGISTRATE JUDGE

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