Richardson v. Kelley et al

Filing 41

ORDER denying 38 Plaintiff's Third Motion to Appoint Counsel; granting 39 Defendants' Motion to Compel. The Plaintiff must sign, date, and return the "Authorization to Disclose Health Information" form to Defendants on or before 9/11/2013. Signed by Magistrate Judge J. Thomas Ray on 08/30/2013. (kcs)

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

EVERY DONELLE RICHARDSON,
ADC #139311
V.

PLAINTIFF

5:12CV00250 BSM/JTR

WENDY KELLEY, Deputy Director,
Arkansas Department of Correction; et al.

DEFENDANTS

ORDER
Plaintiff, Every Donelle Richardson, has filed this pro se § 1983 action alleging
that Defendants failed to provide him with adequate medical care. There are two nondispositive Motions pending, which the Court will address separately.
I. Plaintiff's Third Motion for Appointment of Counsel
Plaintiff has filed his third request for appointment of counsel. Doc. #38. He,
however, has not provided a sufficient reason for the Court to reconsider its prior
denials of that request. Docs. #9 & #18. Thus, the Motion is denied.
II. Defendants' Motion to Compel
Defendants have filed a Motion asking the Court to compel Plaintiff to sign and
date an "Authorization to Disclose Health Information" form that Plaintiff previously
refused to sign during discovery. Doc. #39. Plaintiff's medical records are relevant

to the inadequate medical care claim he has raised in this action. Thus, Plaintiff will
have fourteen days to sign, date, and return the "Authorization to Disclose Health
Information" form to Defendants. Plaintiff is advised that this lawsuit will be
dismissed, without prejudice, if fails to timely and properly do so. See Fed. R. Civ.
P. 37(b)(2)(A)(v).
III. Conclusion
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff’s Third Motion for Appointment of Counsel (Doc. #38) is

DENIED.
2.

Defendants' Motion to Compel (Doc. #39) is GRANTED.

3.

Plaintiff must sign, date, and return the "Authorization to Disclose Health

Information" form to Defendants on or before September 11, 2013.
Dated this 30th day of August, 2013.

UNITED STATES MAGISTRATE JUDGE

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