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Carle v. Harvey

November 15, 2006

JERRY DON CARLE PLAINTIFF
v.
RON HARVEY, ADMINISTRATOR, GREENE COUNTY DETENTION CENTER, ET AL. DEFENDANTS



ORDER

Pending before the Court is Defendants' Motion to Compel. See docket entry #44. For the reasons set forth herein, the Motion will be granted.

Plaintiff has commenced this pro se § 1983 action alleging that Defendants failed to provide him with adequate medical care for a broken tooth while he was being held at the Greene County Detention Facility. See docket entries #2, #5, and #47. On October 9, 2006, Defendants sent Plaintiff Interrogatories and a Request for Production, which included an Authorization to Disclose Health Information. See docket entry #44, Exhibit A. On October 25, 2006, Plaintiff filed his Response to the Interrogatories and Request for Production, which included a statement declaring that Plaintiff refused to sign the Authorization because his medical "records have nothing to do with weather [sic] or not the defendants, Ron Harvey and Tim Huffine, put the plaintiff's physical health at risk." See docket entry #39.

Accordingly, on October 26, 2006, Defendants filed the current Motion asking the Court to compel Plaintiff to execute the Authorization. See docket entry #44. Plaintiff has not filed a Response to the Motion to Compel, and the time for doing so has expired.*fn1

Local Rule 7.2(f) provides that: "The failure to timely respond to any nondispositive motion, as required by the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, or by any local rule, shall be an adequate basis, without more, for granting the relief sought in said motion." Additionally, the Court finds Plaintiff's objection to completing the Authorization to be without merit.

IT IS THEREFORE ORDERED THAT:

1. Defendants' Motion to Compel (docket entry #44) is GRANTED.

2. Plaintiff shall sign, date, and file*fn2 the Authorization to Disclose Health Information sent to him by Defendants within thirty days of the entry of this Order.

3. Plaintiff is hereby advised that the failure to timely and properly do so will result in this case being dismissed, without prejudice, pursuant to Local Rule ...


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