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Donges v. Durrett

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 6, 2010

SHAWN CURTIS DONGES, PLAINTIFF,
v.
DON DURRETT, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. This matter is before the court on defendants' motion to compel plaintiff to respond to set one of defendants' special interrogatories. Plaintiff has not opposed the motion.*fn1

Under Rule 26(b), "[p]arties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense." Fed. R. Civ. P. 26(b). Also, "[r]elevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence." Id.

Here, the court finds that the discovery sought by defendants is relevant to their defense. Defendants' propounded interrogatories seek information regarding plaintiff's human immunodeficiency virus (HIV) condition. Specifically, defendants requested the names of plaintiff's prior treating physicians and identification of the HIV medications plaintiff has been given. This information is directly relevant to plaintiff's allegation that defendants failed to provide him with necessary medication for his HIV condition while he was detained at Butte County Jail. Accordingly, defendants' motion to compel will be granted.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Defendants' July 30, 2010, motion to compel (Doc. No. 37) is granted;

2. Plaintiff shall respond to defendant Baker's and Perett's special interrogatories (set one) without objections; and

3. Plaintiff's responses shall be served on defendants' counsel within twenty-one days from the date of this order and a notice indicating that the responses have been provided shall be filed with the court with a proof of service reflecting service on defendants' counsel.


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