Miles v. Kentucky Department of Corrections et al

Filing 106

MEMORANDUM OPINION & ORDER Signed by Senior Judge Thomas B. Russell on 12/21/2018. denying 88 Motion to Provide Paper Copies of Medical Records ; denying 88 Motion for Settlement Conference. cc: Counsel, plaintiff pro se(KJA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH
CIVIL ACTION NO. 5:16-CV-073-TBR
DARRELL L. MILES,

PLAINTIFF

v.
KENTUCKY DEPARTMENT
OF CORRECTIONS, et al.,

DEFENDANTS

MEMORANDUM OPINION AND ORDER
This matter is before the Court upon Plaintiff Darrell Miles’s Motion to Provide Paper
Copies of Medical Records and Set a Settlement Conference. [R. 88.] Defendants Dr. Shastine
Tangilag and Karen Vickery (“Defendants”) responded. [R. 91.] The deadline for Miles to reply
has passed. This matter is now ripe for adjudication. For the reasons stated herein, Miles’s
Motion to Provide Paper Copies of Medical Records and Set a Settlement Conference, [R. 88], is
DENIED.
Miles makes two requests in his motion. First, he asks the Court to order Defendants to
provide paper copies of the medical records previously sent to him on a disc. [R. 88 at 1.] In their
response, Defendants agree to provide paper copies to Miles, [R. 91 at 2], and Defendants
attached a receipt documenting the shipment of said copies, [R. 91-1]. Thus, Miles’s request for
Defendants to provide copies is now moot.
Second, Miles requests the Court to schedule a settlement conference. [R. 88 at 2.]
Defendants respond that a settlement conference would be “premature at this juncture.” [R. 91 at
2.] As Defendants have subsequently filed a Motion for Summary Judgment, [R. 98], the Court

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agrees that it would be premature to schedule a settlement conference at this time. Thus, Miles’s
request for the Court to schedule a settlement conference is denied.
CONCLUSION
For the foregoing reasons, IT IS HEREBY ORDERED: Miles’s Motion to Provide
Paper Copies of Medical Records and Set a Settlement Conference, [R. 88], is DENIED.
IT IS SO ORDERED.

December 21, 2018

cc: Counsel of Record
Darrell L. Miles, pro se
155111
KENTUCKY STATE PENITENTIARY
266 Water Street
Eddyville, KY 42038

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