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Wells v. Cagle

United States District Court, Eastern District of California

December 19, 2014

ANDRE WELLS, Plaintiff,
v.
T. CAGLE, et al., Defendants.

ORDER GRANTING PLAINTIFF’S MOTION TO STAY ACTION (ECF No. 81)

ORDER DENYING PLAINTIFF'S MOTIONS FOR THE APPOINTMENT OF COUNSEL WITHOUT PREJUDICE (ECF Nos. 96, 98)

ORDER DENYING DEFENDANTS' MOTIONS TO COMPEL AND MOTIONS TO MODIFY THE DISCOVERY AND SCHEDULING ORDER WITHOUT PREJUDICE (ECF Nos. 75, 77, 90)

ORDER DENYING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME TO REPLY AS MOOT (ECF No. 94)

I. Procedural Background

Plaintiff Andre Wells ("Plaintiff), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 29, 2011. This action proceeds on Plaintiffs claims against Defendants T. Cagle and R. Perez for violations of the Eighth Amendment.

On June 18, 2014, Plaintiff filed a motion for the appointment of counsel. (ECF No. 73.)

On July 3, 2014, Defendants filed a motion to compel Plaintiffs responses to Defendants' Interrogatories, Set One. (ECF No. 75.) On July 8, 2014, Defendants filed a motion to modify the scheduling order to extend the deadlines for discovery and dispositive motions by 120 days. (ECF No. 77.)

On August 1, 2014, the Court denied Plaintiffs motion for appointment of counsel without prejudice and directed Plaintiff to file a response to Defendants' pending motions to compel discovery responses and to modify the scheduling order. (ECF No. 80.)

On August 8, 2014, Plaintiff filed a motion requesting a stay of this action or, in the alternative, appointment of counsel. Plaintiff explained that he was at the Department of Mental Health and would be transferred to an intermediate care facility ("ICF"). Plaintiff also reported that he did not have access to a law library and he had received only a crayon for writing. He asked the Court to put this case on hold for the year he will be at the ICF or to appoint him counsel. (ECF No. 81.)

On August 12, 2014, the Court directed Defendants to file a response to Plaintiffs motion for stay or appointment of counsel. (ECF No. 82.)

Following an extension of time, Defendants filed an opposition to the motion to stay. Defendants argued that Plaintiffs claim that his status as an inmate-patient prevented him from litigating this case lacked merit. Defendants reported that Plaintiff had been placed in a mental health crisis bed on or about June 1, 2014, and released from crisis bed on June 4, 2014. Plaintiff again was admitted to a crisis bed on June 21, 2014, and on June 30, 2014, he was referred to DSH-Vacaville. Plaintiff was admitted to DSH-Vacaville on July 16, 2014, and placed in the Acute Psychiatric Program. At DSH-Vacaville, Plaintiff had access to pen fillers for writing in the dayroom, could obtain law library materials through the paging system and could request assistance from a correctional counselor with respect to obtaining access to his legal materials. (ECF No. 87.)

On September 18, 2014, Defendants filed a motion to compel Plaintiffs deposition and for sanctions. Defendants asserted that Plaintiff appeared at his deposition on July 21, 2014, but was not cooperative, claiming that he did not have his legal papers and was not prepared to proceed with his deposition. Defendants also asserted that Plaintiff refused to appear for his rescheduled deposition on August 27, 2014. (ECF No. 90.)

On November 7, 2014, Plaintiff filed a motion requesting an extension of time to file a reply to ...


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