Wisham v. McClung et al

Filing 48

ORDER granting 45 Defendants' MOTION to Compel and for Extension of Time. The Clerk is directed to send Plaintiff a copy of the VA Medical Authorization forms that are attached to Plaintiff's Motion to Compel. Plaintiff must fully compl ete & return, to the Court, the VA Medical Authorization forms on or before 4/13/2012. Plaintiff is advised that his failure to timely & properly do so will result in the dismissal of this lawsuit. Defendants have until 6/13/2012 to file any dispositive motions. Signed by Magistrate Judge J. Thomas Ray on 4/3/2012. (jct)

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

RANDELL E. WISHAM,
ADC #151970
V.

PLAINTIFF
3:11CV00119 JTR

GERALD MCCLURG,
Sheriff of Clay County, et al.

DEFENDANTS

ORDER
In this pro se § 1983 action, Plaintiff alleges that, while he was confined in the
Clay County Detention Center, Defendants failed to provide him with adequate
medical care for high blood pressure and a staph infection on his leg and face. See
docket entries #2, #8, and #9.
On February 23, 2012, Defendants filed a Motion to Compel asserting that
Plaintiff has refused to sign three Medical Authorization forms allowing the Veteran’s
Administration (“VA”) Medical Centers in Memphis, Nashville, and Popular Bluff to
release his medical records. See docket entry #45. Accordingly, they ask the Court
to compel Plaintiff to execute those documents. Id. Additionally, they seek an
extension of the dispositive motion deadline until after they receive and review
Plaintiff’s medical records. Id.
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Plaintiff has not responded to the Motion to Compel, and the time for doing so
has expired. See Local Rule 7.2(b) (providing that an opposing party has fourteen
days to file a response to a motion); Local Rule 7.2(f) (providing that: “The failure to
timely respond to any nondispositive motion . . . shall be an adequate basis, without
more, for granting the relief sought in said motion”). Additionally, the Court finds
good cause for granting Defendants’ requests.
IT IS THEREFORE ORDERED THAT:
1.

Defendants’ Motion to Compel and for an Extension of Time (docket

entry #45) is GRANTED.
2.

The Clerk is directed to send Plaintiff a copy of the VA Medical

Authorization forms that are attached as Exhibit 3 to Plaintiff’s Motion to Compel
(docket entry #45).
3.

Plaintiff must fully complete and return, to the Court, the VA Medical

Authorization forms that are being sent to him with this Order on or before April 13,
2012.
4.

Plaintiff is advised that his failure to timely and properly do so will result

in the dismissal of this lawsuit pursuant to Fed. R. Civ. P. 37(b)(2).

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5.

Defendants have until June 13, 2012 to file any dispositive motions.
Dated this 3rd day of April, 2012.

UNITED STATES MAGISTRATE JUDGE

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