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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

MAURICE NEWSON, Case No. 09-10346

Plaintiff, Avern Cohn

 United States District Judge

vs.

Michael Hluchaniuk

JOHN T. STEELE, et al., United States Magistrate Judge

Defendants.

 /

ORDER GRANTING MOTION TO COMPEL

ACCESS TO PLAINTIFF’S MEDICAL RECORDS (Dkt. 44)

Plaintiff filed this civil rights action, alleging a violation of his constitutional

rights while in the custody of the Michigan Department of Corrections (MDOC). 

(Dkt. 1). Plaintiff alleges, among other things, that he received inadequate medical

care and that defendants were deliberately indifferent to his serious medical needs. 

Defendant, Correctional Medical Services, Inc. (CMS), has moved to compel

access to plaintiff’s medical records, given that plaintiff failed to respond to its

request for production of documents or sign the release to allow CMS to obtain the

records from the MDOC. (Dkt. 44). Plaintiff filed a response to this motion, but

does not address the issue at hand. (Dkt. 48).

After reviewing the parties’ submissions on the motion and the pleadings on

record with the Court, I conclude that plaintiff is obligated to participate in the

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discovery process and that defendant is entitled to obtain plaintiff’s medical

records so that they may adequately defend themselves. This is consistent with the

broad discovery mandate found in the Federal Rules of Civil Procedure. See

Fed.R.Civ.P. 26(b)(1) (“Parties may obtain discovery regarding any nonprivileged

matter that is relevant to any party's claim or defense....”; “Relevant information

need not be admissible at trial if the discovery appears reasonably calculated to

lead to the discovery of admissible evidence.”) Defendant’s request satisfies this

standard.

Based on the foregoing, the Court ORDERS that:

1. Defendant’s Motion to Compel is granted;

2. On or before December 18, 2009, plaintiff must provide to defendant

a fully executed disclosure authorization form; and 

3. Plaintiff’s failure to comply with this Order may result in the

submission of a report and recommendation by the undersigned that his claims

against CMS be dismissed for failure to cooperate in the discovery process.

IT IS SO ORDERED. 

The parties to this action may object to and seek review of this Order, but are

required to file any objections within 10 days of service as provided for in 28

U.S.C. § 636(b)(1) and Local Rule 72.1(d)(2). A party may not assign as error any

defect in this Order to which timely objection was not made. Fed.R.Civ.P. 72(a). 

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Any objections are required to specify the part of the Order to which the party

objects and state the basis of the objection. Pursuant to Local Rule 72.1(d)(2), any

objection must be served on this Magistrate Judge.

Date: November 25, 2009 s/Michael Hluchaniuk 

Michael Hluchaniuk

United States Magistrate Judge

CERTIFICATE OF SERVICE

I certify that on November 25, 2009, I electronically filed the foregoing

paper with the Clerk of the Court using the ECF system which will send electronic

notification to the following: Julia R. Bell, Brian J. Richtarcik, and Randall A. Juip

, and I certify that I have mailed by United States Postal Service the paper to the

following non-ECF participant(s): Maurice Newson, # 370171, G. ROBERT

COTTON CORRECTIONAL FACILITY, 3500 N. Elm Road, Jackson, MI 49201.

s/Tammy Hallwood 

Case Manager

U.S. District Court

600 Church Street

Flint, MI 48502

(810) 341-7850

tammy_hallwood@mied.uscourts.gov

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