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Evans v. Tilton

April 20, 2010

JOHNNY EARL EVANS, PLAINTIFF,
v.
JAMES E. TILTON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL (Doc. 50)

Order

I. Background

Plaintiff Johnny Earl Evans ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff's complaint, filed December 13, 2007, against Defendants S. Zamora and Youssef. Pending before the Court is Plaintiff's motion to compel, filed October 21, 2009. (Doc. 50, Pl.'s Mot. To Compel.) On November 9, 2009, Defendants filed their opposition. (Doc. 54, Defs.' Opp'n.) On January 6, 2010, Plaintiff filed his reply. (Doc. 58, Reply.) The matter is deemed submitted pursuant to Local Rule 230(l).

II. Motion to Compel

Plaintiff seeks to compel further responses to his requests for Admissions (set two) served on Defendants Youssef, and Interrogatories (set two) served on Defendant Youssef.

A. Interrogatories, Set Two

Interrogatory No. 1: On February 7, 2006, doctor I. Patel examined Plaintiff Evans's right Achilles tendon-determined that the tendon was partially ruptured, painful, unable to stand on and recommended in a cdc 7243 a medical evaluation be urgently perform on plaintiff by an orthopedic surgeon. The question: please identify the name for the utilization management nurse that reviewed the recommendation.

Interrogatory No. 2: Was the February 7, 2006 CDCD 7243 urgent medical recommendation that plaintiff be evaluated by an orthopedic reviewed by the (MAR) medical committee; Yes___or NO_____ comments.

Interrogatory No. 3: If so, what date did the (MAR) medical committee reviewed the CDC 7243 urgent medical recommendation that plaintiff be evaluated by an orthopedic surgeon; comments.

Interrogatory No. 4: Did you sit on the (MAR) medical committee that reviewed the February 7, 2006 CDC 7243 urgent recommendation that plaintiff be evaluated by an orthopedic surgeon; Yes____ or No_____ comment.

Interrogatory No. 5: On April 13, 2005 Plaintiff filed a 602 grievance complaining he was in pain and it was difficult for him to walk. The grievance named theCMO as a respondent. The question: Did you review the grievance; Yes___or No____ comments.

Interrogatory No. 6: Did you delegate the duty to a subordinate staff to respond to the grievance; Yes____ or No ____ comments.

Interrogatory No. 7: Did you prescribe any medical treatment to treat plaintiff's pain he reported he was experiencing in the partially torn Achilles tendon; Yes___or No____comments.

Interrogatory No. 8: Did any medical staff medical treatment to treat plaintiff's complaints of pain and not being able to walk on the torn tendon foot; Yes___or No____comments.

Interrogatory No. 13: What is the identity and name of the person that signed the May 8, 2006

CDC 7243 authorization for plaintiff to be removed from KVSP for off-site ...


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