Muhommad v. Hempstead County, Arkansas et al

Filing 28

ORDER granting 23 Motion to Compel. Signed by Honorable Barry A. Bryant on April 14, 2015. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
MICHAEL PERRY MUHOMMAD
v.

PLAINTIFF

Civil No. 4:14-cv-04032-SOH-BAB

HEMPSTEAD COUNTY, ARKANSAS; et al

DEFENDANTS

ORDER
Before the Court is Defendants’ Motion to Compel Discovery Answers. (ECF No. 23).
Plaintiff has responded. This Motion has been referred to the undersigned for decision.
Plaintiff’s complaint alleges denial of adequate medical care on the part of the Defendants,
while Plaintiff was incarcerated at the Hempstead County Detention Facility. On or about February
6, 2015, Defendants propounded Interrogatories and Requests for Production to the Plaintiff, which
included a Medical Authorization. On March 2, 2015, Plaintiff responded to the interrogatories but
objected to producing the requested executed medical authorization.

On March 3, 2014,

Defendants’s counsel sent correspondence to Plaintiff requesting he provide the medical
authorization. Plaintiff again responded and objected to providing a medical authorization. Plaintiff
asserts he is an inmate at the Arkansas Department of Corrections (ADC) and the ADC prohibits him
from possessing his medical records. He claims the records will be available at a hearing.
Plaintiff has alleged denial of adequate medical care. His medical condition and thus his
medical records are at issue in this case. He must sign the medical authorization to allow Defendants
to obtain and review his medical records.
IT IS THEREFORE ORDERED Defendants’ Motion to Compel Discovery Answers (ECF
No. 23) is GRANTED. Plaintiff is Ordered to provide Defendants with a signed Medical
Authorization as requested by Defendants on or before May 8, 2015. Failure to comply with this

Order may result in dismissal of this case. The Defendants are directed to notify the Court should
Plaintiff refuse to comply with this Order.
SIGNED this 14th day of April 2015.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE