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Tyrone Morgan v. John W. Haviland

June 13, 2011

TYRONE MORGAN, PLAINTIFF,
v.
JOHN W. HAVILAND, ET AL. DEFENDANTS.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

I. Introduction

Plaintiff is a state prisoner proceeding without counsel with an action brought pursuant to the Americans with Disabilities Act ("ADA"). Pending before the court is defendant's motion to compel filed May 12, 2011. For the following reasons, defendant's motion is granted in part and denied in part.

II. Plaintiff's Allegations

This action is proceeding on the original complaint filed April 5, 2009, against defendant California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is housed at California State Prison-Solano. Plaintiff alleges that he suffers from bipolar disorder and schizophrenia. Plaintiff takes anti-psychotic medication. Plaintiff alleges that when the temperature outside exceeds ninety degrees, he is locked in his cell. Plaintiff alleges that other inmates are allowed to remain on the yard, at work, or in the day room, when the temperature exceeds ninety degrees. Plaintiff alleges that he will receive a prison disciplinary if he does not comply with the order to go to his cell. Plaintiff claims that his placement in his cell when the temperature reaches ninety degrees outside violates the ADA. Plaintiff seeks money damages.*fn1

III. Discussion

Defendant seeks to compel further responses to fifteen interrogatories. After reviewing plaintiff's initial responses, defense counsel conferred with plaintiff in writing about the deficiencies in these responses. Plaintiff then provided supplemental responses which the undersigned now reviews.

Interrogatory No. 1

Interrogatory No. 1 asked, " Have you ever been diagnosed with a serious mental disorder?" In his supplemental response, plaintiff responded, "yes." The undersigned finds that plaintiff has adequately answered interrogatory no. 1.

Interrogatories nos. 2-6

Interrogatories Nos. 2-6 sought the following information: Interrogatory No. 2: If the response to Interrogatory No. 1 is YES, identify each and every serious mental disorder with which you have been diagnosed.

Interrogatory No. 3: If the response to Interrogatory No.1 is YES, identify when you were diagnosed with each of the serious mental disorders listed in your responses to Interrogatory No. 2. Interrogatory No. 4: Identify any and all anti-psychotic medications you are currently prescribed to treat the serious mental disorders listed in your response to Interrogatory No. 2.

Interrogatory No. 5: Identify any and all anti-psychotic medications you were taking ...


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