Helms v. Sorenson et al

Filing 67

ORDER ADOPTING REPORT AND RECOMMENDATION for 59 Report and Recommendation; denies 28 Helms' Motion to Proceed Forward and File Supplemental Information Regarding Retaliatory Clause; denies 42 Helms' request that the Court award him punitive and monetary damages, and 44 Helms' Request for Entry of Default; denies without prejudice 51 Helms' request for the Court's help in obtaining copies of his medical records; denies 53 Helms' request for some kind of justice and protective measures; denies any request by Helms to amend his complaint to assert claims based upon medical issues and medical care treatment unrelated to the claims in this lawsuit; re-refers matter to Magistrate Judge Erwin for further proceedings. Signed by Honorable Lee R. West on 12/10/15. (jy)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF OKLAHOMA

MICHAEL S. HELMS,
Plaintiff,

)
vs.

)

No. CIV-14-1003-W

DR. SORENSON and SHIRLEY

STOUFFER,
Defendants.

ORDER

On November 23, 2015, United States Magistrate Judge Shon T. Enwin issued a

Report and Recommendation in this matter and addressed certain motions filed by plaintiff
Michael S. Helms. Helms, who is proceeding pro se, was advised of his right to object, see
Doc. 59 at 9, and the matter now comes before the Court on Helms' Response to Report
and Recommendation. See Doc. 66.

Upon de novo review of the record, the Court concurs with Magistrate Judge Erwin's

suggested disposition of Helm's motions. Accordingly, the Court
(1) ADOPTS the Report and Recommendation [Doc. 59] filed on November 23,
2015; and in doing so,
(a) DENIES Helms' Motion to Proceed Fonward and File Supplemental

Information Regarding Retaliatory Clause [Doc. 28] file-stamped May 8, 2015, which
Magistrate Judge Erwin construed as a request by Helms for an order not only enjoining
the medical staff at Lawton Correctional Facility ("LCF") from engaging in retaliation, but

also compelling LCF's medical staff to reinstate Helms' medication (Tylenol 3);
(b) DENIES Helms' request that the Court "award him punitive and monetary

damages to be paid by defendants [Charles Sorenson, M.D., a former LCF health care
provider, and Shirley Stouffer, LCF's Health Services Administrator]," Doc. 42 (file-stamped
October 20, 2015), and Helms' Request for Entry of Default [Doc. 44] (file-stamped
October 23. 2015);

(c) DENIES without prejudice to reurging. if appropriate, Helms' request for
the Court's help in obtaining "copies of his medical records that pertain to his back injury,"
Doc. 51 at 1 (file-stamped November 9. 2015), as well as "copies of his doctors' orders,
MRIs, and X-rays that pertain to his back injury, [sciatica], and neuropathy[,]" jd.;
(d) DENIES Helms' request for "some kind of justice and protecti[ve]
measures to keep him safe from retaliation." Doc. 53 at 1-2, which is based on Helms'
belief that "things [are] happening to him .. . because of th[is] lawsuit[.]" jd- at 2, since the
requested relief seeks to bind nonparties and there is no evidence that the LCF employees
about whose conduct Helms has complained are acting in concert with Stouffer; and
(e) DENIES any request by Helms to amend his complaint to assert claims
based upon medical issues and medical care and treatment unrelated to the claims in this
lawsuit: and

(2) RE-REFERS this matter to Magistrate Judge Erwin for further proceedings.

ENTERED this

day of December, 2015.

LEE R. WEST
UNITED STATES DISTRICT JUDGE