McAlphin v. Obi et al

Filing 50

ORDER granting 49 Motion for Reconsideration. McAlphin' s new requests that a sleep apnea test be conducted and that he be housed in temperatures less than eighty degrees are beyond the scope of his original motion. They should be raised in a separate motion if McAlphin still seeks relief. Signed by Judge D. P. Marshall Jr. on 7/28/2014. (jak)

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

JAMES MCALPHIN,
ADC # 88328

v.

PLAINTIFF

No. 2:13-cv-145-DPM-JJV

N. OBI, Doctor, ADC, EARU; BALL,
Doctor, ADC, EARU; and G.
CAMPBELL, APN, ADC, EARU

DEFENDANTS

ORDER
McAlphin' s motion for reconsideration, NQ 49, is granted. McAlphin
filed his addendum, Ng 45, after the Court had adopted Magistrate Judge
Volpe's recommendation. The Court will therefore revisit the matter. In his
motion for a temporary restraining order and preliminary injunction, NQ 2,
McAlphin asked that Defendants set up a follow-up visit for him with a
cardiologist, provide him with pain medication, and readminister a holter
monitor test. NQ 2 & 3. The Defendants say, and the Court agrees, that since
McAlphin filed his motion in October 2013, he has been seen by a cardiologist,
has received a holter monitor test, and has been prescribed pain medicine.
The medical records that McAlphin provides in his addendum show the

results of his completed holter monitor test, NQ 45 at 3-16, and document his
follow-up visit with a cardiologist, NQ 45 at 17-19. McAlphin' s new requests
that a sleep apnea test be conducted and that he be housed in temperatures
less than eighty degrees, N2 49 at 3, are beyond the scope of his original
motion. They should be raised in a separate motion if McAlphin still seeks
relief.
So Ordered.

D.P. MC:rshall Jr. /
United States District Judge

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