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

Filing 51

ORDER that, by April 13, 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 fa ilure to prosecute it. The clerk of court is directed to mail plaintiff a copy of defendants' proposed authorization form for the release of medical records. Dkt. 43 -1. Defendants must notify the court promptly when they receive plaintif f'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 4/13/2018. (jef/cc: plaintiff w/ 43 -1 authorization),(ps)

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

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

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. I intend to hold a preliminary injunction
hearing once Alexander authorizes release of his medical records to defendants.
Alexander’s medical diagnoses and treatment are the focus of this lawsuit. I have
explained to Alexander that he will be unable to obtain any relief in this suit unless he
authorizes release of his medical records to defendants for use in litigation. See Dkt. 42, at 4.
Yet Alexander has refused to sign an authorization form allowing defendants access to his
pertinent medical records. On March 14, 2018, I ordered Alexander to complete and return to
defendants’ counsel the authorization form for release of his medical records, Dkt. 43-1, by
March 26. Dkt. 46. I warned him that if he did not do so, I would dismiss the action for his
failure to prosecute it.

March 26 has come and gone, and Alexander has not signed the authorization form.
Instead, he wrote two letters to the court explaining that he sent an authorization form to
“CIOX Health” and will send his “relevant medical records” to the court as soon as he receives
and reviews them and asking for an extension of time to do so. Dkt. 47, at 3 and Dkt. 49, at
2. He enclosed a copy of a UW Health form authorizing release of certain medical records to
himself. Dkt. 47-4. That’s not what I instructed Alexander to do. There is no need for Alexander
to send his medical records to the court at this point. Rather, defendants need access to
Alexander’s medical records so that they know how Alexander’s cancer has been treated and
what pain medications Alexander has been prescribed and administered. Defendants have
proposed a narrowly tailored, unobjectionable authorization form, a copy of which I will direct
the clerk of court to mail to Alexander. Alexander must sign that form and return it to
defendants’ counsel by the deadline set below or I will dismiss this case for failure to prosecute.
Finally, I will briefly address the other issues raised in Alexander’s most recent letters.
In the letters, Alexander complains about his pain medication, asks if Dr. Wieland will be
allowed to testify at a hearing on his motions for preliminary injunctive relief, and asks for an
attorney. As I explained in my March 14 order, I will schedule a hearing on Alexander’s pain
medication once Alexander has returned a signed authorization form to defendants’ counsel.
See Dkt. 46. As I previously indicated, I will require Dr. Wieland’s testimony at the hearing, as
well as copies of Alexander’s relevant medical records. See Dkt. 42, at 4. As for Alexander’s
request for counsel, I will deny it for the same reasons I’ve previously given. See Dkt. 29, at 4–
5 and Dkt. 42, at 4.

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ORDER
IT IS ORDERED that:
1. By April 13, 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. The clerk of court is directed to mail plaintiff a copy of defendants’ proposed
authorization form for the release of medical records. Dkt. 43-1.
3. Defendants must notify the court promptly when they receive plaintiff’s signed
authorization form.
4. The court will schedule a hearing for plaintiff’s motions for preliminary injunctive
relief, Dkt. 22 and Dkt. 36, after receiving defendants’ notice.
Entered April 3, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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