Alexander, Robert et al v. Foster, Brian et al

Filing 46

ORDER that by March 26, 2018, plaintiff Robert Earl Alexander must complete and return to defendants' counsel the authorization form for release of his medical records. Dkt. 43 -1. If he does not, the court will dismiss this action for his fail ure to prosecute it. Defendants must notify the court promptly when they receive plaintiff's signed authorization form. The court will schedule a hearing for plaintiff's motions for preliminary injunctive relief, Dkt. 22 and Dkt. 36 , after receiving defendants' notice. Signed by District Judge James D. Peterson on 3/14/2018. (jef),(ps)

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

ROBERT EARL ALEXANDER,
Plaintiff,
v.
NATHAN TAPIO and ROMAN KAPLAN,

OPINION & ORDER
17-cv-861-jdp

Defendants.
Pro se plaintiff Robert Earl Alexander is an inmate in Wisconsin prison who has been
diagnosed with throat cancer. He is proceeding on Eighth Amendment deliberate indifference
claims against defendants Nathan Tapio (his previous primary care provider) and Roman
Kaplan (his current primary care provider), whom he alleges have failed to treat his cancer and
given him insufficient pain medication. Alexander has already requested preliminary injunctive
relief several times during the course of this lawsuit.
In a February 28, 2018 order, I explained that because of factual disputes about
Alexander’s pain management, I would hold a hearing on his motion for a preliminary
injunction. Dkt. 42. I asked defendants for logistical information to assist me in scheduling a
hearing. Defendants have responded. Dkt. 43. Alexander did, too. Dkt. 44. Both responses
indicate that Alexander refuses to authorize release of his medical records to defendants for use
in litigating this suit. I warned Alexander in my February 28 order that he must sign a release
if he expects to obtain any relief in this suit. Dkt. 42, at 4. The authorization form defendants
propose is narrowly tailored to Alexander’s claims in this suit and unobjectionable. See Dkt. 431. Alexander must promptly sign it and return it to defendants’ counsel by the deadline set
below. If he does not, I will dismiss this case for failure to prosecute. Defendants must notify

the court when they receive Alexander’s signed authorization form. The court will then set a
date and time for the preliminary injunction hearing.
I will briefly address the other issues raised in Alexander’s most recent letter. Alexander
asks when the deadline is for him to amend his complaint. I believe Alexander is referring to
my December 4, 2017 order, in which I set a December 26, 2017 deadline for him to submit
an amended complaint clarifying the remaining defendants’ roles in the events underlying the
suit. Dkt. 17. Alexander did so, see Dkt. 21, and I allowed him to proceed on some of the claims
he listed in that amended complaint. Dkt. 29. I did not allow him the opportunity to amend
his complaint further. So if Alexander wants to amend his complaint now, he must move for
leave to do so. And as I previously explained, I will not allow him to proceed on claims against
other defendants that are unconnected to his cancer treatment and pain management. See Dkt.
42, at 2. If Alexander wants to pursue unconnected claims, he will have to file a new lawsuit
and pay the required filing fee.
Alexander also asks whether he must send to the court his “one and only copy” of
Dr. Wieland’s note increasing his oxycodone dosage to 40 milligrams. Dkt. 44, at 4. The short
answer is no. In my February 28 order, I explained that Alexander must bring the note with
him to the hearing and that I would likely deny his motion for a preliminary injunction if he
did not. Dkt. 42, at 4. If Alexander prefers to send the note to the court in advance of the
hearing, he may, but he is not required to do so. (I remind him that he may file it electronically
through this court’s e-filing program.) All that matters is that the note is available to the court
at the hearing. I recommend he make a copy of the note, regardless.

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Finally, Alexander asks the clerk of court to send him several complaint packets and to
return to him an envelope that he previously filed with the court. The clerk of court has done
so, see Dkt. 45, so I need not address these requests further.

ORDER
IT IS ORDERED that:
1. By March 26, 2018, plaintiff Robert Earl Alexander must complete and return to
defendants’ counsel the authorization form for release of his medical records.
Dkt. 43-1. If he does not, the court will dismiss this action for his failure to
prosecute it.
2. Defendants must notify the court promptly when they receive plaintiff’s signed
authorization form.
3. The court will schedule a hearing for plaintiff’s motions for preliminary injunctive
relief, Dkt. 22 and Dkt. 36, after receiving defendants’ notice.
Entered March 14, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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