GLADU v. CORRECT CARE SOLUTIONS et al

Filing 306

ORDER overruling 300 Objection to 284 Order on Request for Medical Records. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
NICHOLAS A. GLADU,

)
)
Plaintiff,
)
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v.
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)
CORRECT CARE SOLUTIONS, et al., )
)
Defendants.
)

2:15-cv-00384-JAW

ORDER ON OBJECTION TO MAGISTRATE JUDGE’S
ORDER ON MEDICAL RECORDS
On September 23, 2015, Nicholas A. Gladu filed a complaint with this Court
against Correct Care Solutions and a number of individual defendants, alleging that
while confined in the Maine State Prison and Maine Correctional Center, he did not
receive proper medical treatment for bilateral hip pain and that the Defendants had
retaliated against him for his filing grievances within the prison system. Verified
Compl. for Damages and Inj. Relief (ECF No. 1). On August 10, 2016, Mr. Gladu
moved to compel the production of his “complete healthcare file”, which he estimated
consisted of 600 [front and back] printed pages”. Pl.’s Mot. to Compel (ECF No. 164).
On November 7, 2016, the Magistrate Judge denied the motion because there was no
evidence that Mr. Gladu had engaged in an attempt to resolve the discovery dispute
and it appeared that he had access to the records through the Maine Department of
Corrections. Order (ECF No. 219). The Magistrate Judge suggested that Mr. Gladu

could contact defense counsel to see if a resolution of the discovery issue could be
arrived at. Id.
On November 21, 2016, Mr. Gladu objected to the Magistrate Judge’s order.
Pl.’s Objection to the Proposed Recommendation of the Magistrate on Pl.’s Mot. to
Compel (ECF No. 230). In his objection, Mr. Gladu wrote that the defense counsel
“has not been willing to resolve this outstanding issue.”

Id.

Accordingly, the

Magistrate Judge held a telephone conference on January 12, 2017. Minute Entry
(ECF No. 280). On January 27, 2017, the Magistrate Judge issued a written decision,
concluding that he was satisfied that Mr. Gladu is able to access his relevant medical
records in accordance with the policy of the Maine Department of Corrections. Order
on Req. for Medical Records (ECF No. 284) (Magistrate Judge Order).
On February 2, 2017, Mr. Gladu objected to the Magistrate Judge’s order.
Objection (ECF No. 300). He claims that he has not yet had reasonable access to his
medical record and that the Correct Care Solutions and its employees have hindered
his access to those records in order to prevent him from furthering his claims. Id. at
1. The Defendants did not respond to Mr. Gladu’s objection.
The standard for this Court’s review of a non-disposition order from a
magistrate judge is whether the order is “clearly erroneous or contrary to law.” FED.
R. CIV. P. 72(a); 28 U.S.C. § 636(b)(1)(A). Here, the Magistrate Judge concluded that
the Maine Department of Corrections’ policies were adequate to provide Mr. Gladu
with access to his medical records, that to copy all of Mr. Gladu’s medical records
would be unduly burdensome, that Mr. Gladu’s request for his entire medical file was

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overbroad, and that the Department of Corrections has presented legitimate safety
concerns about releasing volumes of paper copies into an inmate’s cell. Magistrate
Judge Order at 2.

Based on this record, the Court cannot conclude that the

Magistrate Judge’s findings were clearly erroneous or that his legal conclusions were
contrary to law, and therefore the Court overrules Mr. Gladu’s objections and affirms
the Magistrate Judge’s Order.
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 17th day of February, 2017

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