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Cano v. Naku

June 2, 2009

ABEL CANO, PLAINTIFF,
v.
DR. B. NAKU, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Introduction

Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's motion, filed on January 6, 2009, to quash a subpoena evidently issued on behalf of defendant Traquina to California State Prison-Solano for production of plaintiff's entire central prison file, to which the court directed defendant Traquina to file a response (see Order, filed on January 20, 2009); defendant Traquina filed his opposition on January 29, 2009, and plaintiff filed a reply on February 16, 2009. Also pending before the court is plaintiff's January 16, 2009, motion to compel defendant Traquina's response to plaintiff's discovery requests and for sanctions, to which defendant Traquina filed an opposition, on February 5, 2006, after which plaintiff filed a reply on February 24, 2009. On March 25, 2009, plaintiff filed a follow-up "notice" indicating that he had received responses to his sets 3 and 4 of requests for admission and supplemental responses to set two of his requests for production of documents and interrogatories, although he therein continues to protest that the defendant has been untimely and was disingenuous in some of the initial responses.

Complaint

This matter proceeds upon plaintiff's complaint, filed on October 17, 2007, against defendants Dr. B. Naku and Dr. Alvaro C. Traquina, Chief Medical Officer (CMO), both employed at California State Prison-Solano (CSP-Sol). The gravamen of his complaint is that following a slip as he left the shower, on May 21, 2006, at CSP-Sol, and falling on a wet tile floor that had no rubber mats, plaintiff suffered a break in his right wrist bone for which his subsequent treatment has been "abysmal"; from the time of the injury until the October 9, 2007, filing date of this action (per the mailbox rule), plaintiff contends that he has received "little more than Tylenol to treat the pain," and deficient treatment for the break. Complaint, pp. 1-3.

Plaintiff states that when he fell he experienced a sharp pain in his right wrist, was seen by a Dr. Tesla R. Rallos (not a defendant), on May 23, 2006, who, noting redness and tenderness at the wrist joint, ordered x-rays, a splint, a light duty chrono and a four-week follow-up. On May 24, 2006, x-rays were taken. The radiologist's findings and impression were as follows:

FINDINGS: Subtle irregularity is seen in the region of the proximal carpal row on the lateral view only. The pattern suggests a non displaced triquetrial fracture. The remainder of the osseous structures are unremarkable.

IMPRESSION: Probable non displaced triquetrial fracture. Clinical correlation regarding pain at this location is recommended.

Complaint, p. 3, Exhibit (Ex) C

Plaintiff asserts that no further treatment was provided at that time. Plaintiff was seen on July 7, 2006, by defendant Dr. Naku, who noted the "nondisplaced right triquetrial fracture," and ordered "a repeat of the x-rays and an orthopedic consult." Nevertheless, despite the passage of seven weeks from the time of the injury, plaintiff received no further treatment.

Id., Ex D.

When, two weeks later, plaintiff filed a 602 appeal as an "emergency appeal" for treatment, indicating that he had had a broken wrist bone since May 21, 2006, that had never been treated or put in a cast, a CSP-Sol medical administrator named Laura Mefford (not a defendant), on July 26, 2006, prepared an authorization request to be signed by defendant CMO Traquina for plaintiff to be treated at the UC Davis Ortho/Trauma Clinic in Sacramento. Complaint, p. 4, Exs E & F.

In response to the request, on August 2, 2006, plaintiff was seen at UCD Orthopedic Outpatient Services and a diagnosis and treatment plan were formulated. Id., Ex. G. Upon his return from UCD, plaintiff was not given further treatment on Aug. 2, 2006., Id., Ex H.

On Aug. 30, 2006, about four weeks later, plaintiff was seen at the CSP-Sol clinic by defendant Naku, who ordered Tylenol for plaintiff's pain, a wrist brace and a "CT [scan]" for the right wrist. ...


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