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Gerald Wilson v. M. Mcdonald

June 20, 2011

GERALD WILSON, PLAINTIFF,
v.
M. MCDONALD, ET AL., DEFENDANTS.



ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a complaint filed pursuant to 42 U.S.C. § 1983. Pending before the court are two motions to compel filed separately by defendants Lopez and Diaz. Both defendants seek an order compelling plaintiff to further respond to their Requests for Admission ("RFA)," Requests for Production of Documents ("RFPD"), and Interrogatories.

DISCUSSION

The court has examined the motions filed by defendants and finds that they jointly challenge plaintiff's responses to RFA Numbers 1, 2 and 3; RFPD Number 1; and Interrogatory 6. In addition, Diaz individually challenges plaintiff's responses to RFPD Number 2 and Interrogatories 1, 3 and 7; and Lopez individually challenges plaintiff's response to Interrogatory 4.

A. Requests for Admissions

Defendants jointly challenge plaintiff's responses to RFA Numbers 1, 2 and 3.

1. Requests and Responses

RFA Number 1: "Admit that you did not have a valid lower bunk chrono covering the timeframe of June 11, 2007 through September 18, 2007."

Plaintiff's response to Lopez: "Without objecting, Plaintiff will response to this question. Plaintiff will call Johnny Dang M.D. that issue plaintiff lower bunk chronos at CSP-Corcoran for 2004-2007. And the lower bunk chronos was reviewed by LVN [illegible], [illegible] at H.D.S.P. and plaintiff will call Dr. Kim, to testify about the lower bunk chrono issue." Plaintiff's response to Diaz: "Without objecting, Plaintiff will response to this question. Plaintiff will call Johnny Dang M.D. that issue plaintiff lower bunk chronos for 2004-2007, at CSP-Corcoran. And lower bunk chrono for lower bunk issue at CSP-Corcoran was review by [illegible] on 5-13-08."

RFA Number 2: "Admit that, after falling from your bunk on July 8, 2007, you did not turn in a Health Care Service Request Form (CDC-7362) for medical treatment until September 2007."

Plaintiff's Response to Lopez: "Without objecting, Plaintiff will response to the question. Plaintiff was not issue CDC-7362 forms by the defendants in September 18, 2007, but there should be a priority pass for September 18, 2007, to see Dr. Kim on record at CSP-Corcoran."

Plaintiff's Response to Diaz: "Without objecting, Plaintiff will response to the question. Plaintiff was not issue CDC-7362 forms by the defendants in September 18, 2007, but there should be a priority pass for September 18, 2007, to see Dr. Kim in the records at CSP-Corcoran."

RFA Number 3: "Admit that Defendant Diaz [Lopez] did not deny your request for medical treatment during the timeframe of June 11, 2007 through September 18, 2007."

Plaintiff's Response to Lopez: "Without objecting, Plaintiff will response to the question. The defendant had the authority to move plaintiff from a low risk of harm to a high risk of harm. Defendant Lopez deny plaintiff medical care when he force the plaintiff to move to a upper bed out of a lower bunk, which was a part of medical care, so yes the defendant did deny the plaintiff medical care when he force the plaintiff to move." Plaintiff's Response to Diaz: "Without objecting, Plaintiff will respond to the question. Defendant Diaz is not in the complaint for giving me medical treatment, but for ...


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