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Elbert Lee Vaught, Iv v. D. Clark

October 31, 2012

ELBERT LEE VAUGHT, IV, PLAINTIFF,
v.
D. CLARK, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff, a state prisoner, proceeds pro se with a civil rights complaint filed pursuant to 42 U.S.C. § 1983. Plaintiff claims violations of his Eighth Amendment rights during periods of time that he was confined to his cell during lockdowns at High Desert State Prison. (Dkt. No. 1 at 1-2.) He seeks monetary damages for physical and psychological injuries resulting from the confinement and accompanying lack of exercise time. (Dkt. No. 1 at 3-5.) Defendants were employees at High Desert State Prison during the time period at issue.

Both plaintiff and defendants have both filed motions to compel discovery. (Dkt. Nos. 42, 43.) In his motion to compel, plaintiff requests the appointment of counsel. Defendants' motion for relief from deemed admissions is also before the court. (Dkt. No. 51.)

I. Defendants' Motion to Compel

On June 5, 2012, pursuant to Fed. R. Civ. P. 33, defendant B. Gower propounded a request for interrogatories, set one, on plaintiff. Plaintiff served timely responses. Defendants contend that plaintiff's responses to interrogatory nos. 7, 8, 10, 11, 12 and 13 are deficient and move for an order compelling him to answer same without objection. Defendants also seek monetary sanctions in the sum of $200.00 for attorney fees and costs incurred in bringing the motion to compel. The interrogatories and responses at issue are as follows:

Interrogatory No. 7

Does Elbert Lee Vaught claim that he suffered any physical injuries, physical condition, pain or disability as a result of the subject incident? If so, with respect to all of the injuries, conditions, pain and disability, if any, that you claim resulted from the subject incident, please provide the following information:

A. The nature and severity of the physical injuries, conditions, pain or disability and date and approximate time at which he first experienced each up to the present time.

B. Set forth the name, address and telephone number of every hospital, medical facility, doctor, medical and dental professional, rehabilitation house or health care provider or facility from which he sought or obtained assistance, the type of assistance, consultation, examination or treatment provided, and the charges to date; also set forth the dates upon which he received the assistance, consultation, examination or treatment together with the name, title and telephone number of the records custodian for each such facility or person.

Response to Interrogatory No. 7 Plaintiff is currently waiting for an Olsen review of his medical file however defendnats have easier accesds [sic] than plaintiff to his medical file than he does, other information sought can be found in complaint and the 602's concerning lockdowns.

Interrogatory No. 8 For each injury identified in the preceding interrogatory, identify any complaints which Elbert Lee Vaught still has that he attributes to the incident which gave rise to this action and for each complaint give a description, its present status, and its frequency and duration.

Response to Interrogatory No. 8

Same as No. 7.

Interrogatory No. 10 Following the incident, did Elbert Lee Vaught take any steps or engage in any activity or therapy whatsoever to diminish the pain and suffering that you claim he sustained as a result of the subject incident? If your answer is anything other than an unconditional "No," please set forth the following information specifically and in detail:

A. Describe specifically the steps that he took or the efforts that he made (Your answer should include, but not be limited to, physical therapy, acupuncture, pain management, etc.).

B. The nature of the injuries, pain, or disability from which he sought relief.

C. The date upon which he commenced his activity or therapy.

D. The date upon which he terminated his ...


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