Opinion
Civil Action No. 05-CV-72835-DT.
January 27, 2006
ORDER DENYING PLAINTIFF'S MISCELLANEOUS MOTIONS ORDER COMPELLING PLAINTIFF TO SIGN MEDICAL RELEASE FORM
Plaintiff filed the instant prisoner civil rights action, pursuant to 42 U.S.C. § 1983, against the above named defendants alleging that they had been deliberately indifferent to his serious medical needs. On January 20, 2006, Judge Cleland adopted a Report and Recommendation and dismissed Defendants Correctional Medical Services (CMS), Correctional Facilities Administration (CFA) and the Medical Director of Health Services.
Since Plaintiff's medical records are necessary for a proper evaluation of the claims presented, Plaintiff was ordered to sign a medical release form by January 13, 2006, allowing defense counsel access to his medical records. Plaintiff has refused to sign the medical access form until a pending appeal on an unrelated matter to the Sixth Circuit Court of Appeals has been exhausted.
The order of a magistrate judge to whom a non-dispositive matter is referred may be set aside or modified by the district judge assigned to the case if objections are filed within 10 days after service of the order upon an objecting party. Fed.R.Civ.P. 72(a). This plaintiff did not file objections to my order directing him to execute medical releases. He has identified no justification for further delay, and his Motion for a 90 day Extension (Docket #60) to comply with the order is DENIED.
The remaining Defendants were given until March 31, 2006, to file a Motion to Dismiss or for Summary Judgment. Since a dispositive motion is now pending, Plaintiff's Motion To Re-Issue Summons (Docket #54) is DENIED, without prejudice. Plaintiff may resubmit the motion, if the case survives summary disposition.