Christopher v. Cagel

Filing 24

ORDER granting 22 Motion to Compel. Plaintiff is to provide Defendants with responses to the discovery requests, including an executed medical authorization, by 5:00 p.m. on Tuesday, October 2, 2018. Signed by Honorable Barry A. Bryant on September 17, 2018. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
KEVIN CORDARL CHRISTOPHER
v.

PLAINTIFF

Civil No. 4:18-cv-04020

OFFICER CAGEL, Miller
County Detention Center

DEFENDANT
ORDER

Plaintiff Kevin Cordarl Christopher proceeds in this action pro se and in forma pauperis
pursuant to 42 U.S.C. § 1983.

Currently before the Court is Defendant Officer Cagel’s Motion

to Compel. (ECF No. 22). Plaintiff has not responded.
In his motion Defendant Cagel states he first propounded Interrogatories and Requests for
Production of Documents to Plaintiff on March 15, 2018. The discovery included a request for a
medical authorization. On or about May 9, 2018, Defendant Cagel received Plaintiff’s Answers
to Interrogatories but did not receive Plaintiff’s responses to Requests for Production. To resolve
the discovery dispute, on May 9, 2018, counsel for Defendant Cagel forwarded correspondence to
Plaintiff asking him to produce an executed medical authorization by May 29, 2018, or a motion
to compel would be filed. On July 23, 2018, Defendants attempted once again to resolve the
discovery dispute by forwarding correspondence to Plaintiff requesting return of an executed
medical authorization by August 3, 2018. To date, Plaintiff has not responded to Defendant’s
request.
Under the Federal Rules of Civil Procedure, Plaintiff is afforded thirty (30) days to respond
to discovery requests. Fed. R. Civ. P. 33(b)(2) & 34(b)(2)(A). Here, Plaintiff claims that he
suffered injuries due to excessive force while he was incarcerated in the Miller County Detention
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Center. To properly defend against Plaintiff’s claims, Defendant is entitled to copies of Plaintiff’s
medical records that relate to his alleged injuries and medical condition.
Accordingly, Defendants’ Motion to Compel (ECF No. 22) is GRANTED. Plaintiff is
DIRECTED to provide Defendants with the required responses to the discovery requests,
including an executed medical authorization, by 5:00 p.m. on Tuesday, October 2, 2018.
Plaintiff is advised that failure to comply with this Order shall result in the dismissal of this
case.
IT IS SO ORDERED this 17th day of September 2018.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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