Gilmore v. Sicotte et al

Filing 41

MINUTE ORDER denying 38 Plaintiff's Motion to Strike & Motion to Appoint Counsel. Plaintiff shall have up to and including 8/17/2015 to file responses to all pending motions filed by Defendants 26 32 and 34 . Defense counsel to contact Fremont Correctional Facility no later than 8/7/2015, requesting expedited treatment for Plaintiff's request for medical records. By Magistrate Judge Michael J. Watanabe on 7/28/2015.(emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00741-PAB-MJW
WILLIAM GILMORE,
Plaintiff,
v.
TRUDY SICOTTE, and
DAVID TESSIER,
Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED Plaintiff’s Motion to Strike & Motion to Appoint Counsel
(Docket No. 38) is DENIED. Regardless of whether Plaintiff’s medical records are
privileged or otherwise protected, Plaintiff has placed his medical condition directly at
issue in this lawsuit and has therefore waived any such protections. And as to the
appointment of counsel, it does not currently appear that the issues in this lawsuit are
so numerous or complex that the plaintiff is unable to present his case adequately at
this stage of the litigation. See Long v. Shillinger, 927 F.2d 525, 527 (10th Cir. 1991).
Accordingly, the motion is denied.
The Court takes note, however, of Plaintiff’s representation that he has been
denied access to his own medical records. (See Docket No. 38, p.2.) As a result, it is
further ORDERED that:
•

Plaintiff shall have up to and including August 17, 2015, to file responses
to all pending motions filed by Defendants (Docket Nos. 26, 32, and 34);
and

•

Counsel for Defendants shall take all reasonable measures to ensure that
Plaintiff has access to his medical records, including (but not limited to)
contacting the appropriate officers at the Fremont Correctional Facility no
later than August 7, 2015, and requesting expedited treatment for
Plaintiff’s access request.

Date: July 28, 2015