Filed: Jul. 28, 2014
Latest Update: Jul. 28, 2014
Summary: ORDER D.P. MARSHALL, Jr., District Judge. McAlphin's motion for reconsideration, No. 49, is granted. McAlphin filed his addendum, No. 45, after the Court had adopted Magistrate Judge Volpe's recommendation. The Court will therefore revisit the matter. In his motion for a temporary restraining order and preliminary injunction, No. 2, McAlphin asked that Defendants set up a follow-up visit for him with a cardiologist, provide him with pain medication, and readminister a holter monitor test
Summary: ORDER D.P. MARSHALL, Jr., District Judge. McAlphin's motion for reconsideration, No. 49, is granted. McAlphin filed his addendum, No. 45, after the Court had adopted Magistrate Judge Volpe's recommendation. The Court will therefore revisit the matter. In his motion for a temporary restraining order and preliminary injunction, No. 2, McAlphin asked that Defendants set up a follow-up visit for him with a cardiologist, provide him with pain medication, and readminister a holter monitor test...
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ORDER
D.P. MARSHALL, Jr., District Judge.
McAlphin's motion for reconsideration, No. 49, is granted. McAlphin filed his addendum, No. 45, after the Court had adopted Magistrate Judge Volpe's recommendation. The Court will therefore revisit the matter. In his motion for a temporary restraining order and preliminary injunction, No. 2, McAlphin asked that Defendants set up a follow-up visit for him with a cardiologist, provide him with pain medication, and readminister a holter monitor test. No. 2 & 3. The Defendants say, and the Court agrees, that since McAlphin filed his motion in October 2013, he has been seen by a cardiologist, has received a holter monitor test, and has been prescribed pain medicine. The medical records that McAlphin provides in his addendum show the results of his completed holter monitor test, No. 45 at 3-16, and document his follow-up visit with a cardiologist, No. 45 at 17-19. McAlphin's new requests that a sleep apnea test be conducted and that he be housed in temperatures less than eighty degrees, No. 49 at 3, are beyond the scope of his original motion. They should be raised in a separate motion if McAlphin still seeks relief.
So Ordered.
