Filed: Sep. 08, 2016
Latest Update: Sep. 08, 2016
Summary: ORDER ALLISON CLAIRE , District Judge . Plaintiff, who is blind, is a state prisoner at the California Health Care Facility (CHCF). Plaintiff proceeds pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. 1983. Presently pending is plaintiff's request for accommodations in the form of a portable computer with a full screen reader program. 1 See ECF No. 55. This action proceeds on plaintiff's First Amended Complaint (FAC) filed April 24, 2014. ECF No. 13.
Summary: ORDER ALLISON CLAIRE , District Judge . Plaintiff, who is blind, is a state prisoner at the California Health Care Facility (CHCF). Plaintiff proceeds pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. 1983. Presently pending is plaintiff's request for accommodations in the form of a portable computer with a full screen reader program. 1 See ECF No. 55. This action proceeds on plaintiff's First Amended Complaint (FAC) filed April 24, 2014. ECF No. 13. ..
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ORDER
ALLISON CLAIRE, District Judge.
Plaintiff, who is blind, is a state prisoner at the California Health Care Facility (CHCF). Plaintiff proceeds pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Presently pending is plaintiff's request for accommodations in the form of a portable computer with a full screen reader program.1 See ECF No. 55.
This action proceeds on plaintiff's First Amended Complaint (FAC) filed April 24, 2014. ECF No. 13. Pursuant to screening the FAC under 28 U.S.C. § 1915A, this court found that it states cognizable claims against defendants Dr. Sabin, Dr. Crosson and Dr. Ditomas, for deliberate indifference to plaintiff's serious medical needs concerning treatment for his eyes and vision. See ECF Nos. 18, 36, 53. Service of process by the United States Marshal remains outstanding for defendants Crosson and Ditomas.2
Due to plaintiff's visual impairments and his continuing difficulties in pursuing this action, the court granted plaintiff's ninth request for appointment of counsel on June 8, 2015. See ECF No. 46. However, this court's Alternative Dispute Resolution/Pro Bono Coordinator was unable to locate an attorney willing to voluntarily represent plaintiff. Therefore, by order filed May 19, 2016, the court informed plaintiff that he would need to represent himself. See ECF No. 51. The court obtained the assistance of the Office of the California Attorney General to identify and locate the unserved defendants. See ECF Nos. 51-3.
Pursuant to his instant request for accommodations, plaintiff states that when he was previously incarcerated at the California Medical Facility (CMF), he was able to use "a computer that reads all documents, take notes and receives dictations." ECF No. 55-1 at 1. Plaintiff states that he has exhausted his request for the same or similar accommodations at CHCF, without obtaining a satisfactory resolution. He has attached copies of several accommodation requests and two administrative appeals.3 These materials indicate that plaintiff has not exhausted his administrative remedies through Third Level Review, which is a prerequisite to asserting a new claim in this (or another) action under the Americans with Disabilities Act.4 Nevertheless, these materials also appear to indicate that plaintiff has no further practical recourse for obtaining technical or personal assistance in researching and preparing his legal materials, particularly in obtaining access to a technical program that both "reads" and "writes."
Due to the special circumstances in this case, the court will request that the Office of the California Attorney General inquire of the CHCF Litigation Coordinator and/or Law Librarian about the ways in which plaintiff is currently supported in pursuing this action, and whether there are any additional means to support him, e.g., by providing additional personal assistance and/or additional technical support (for example, a computer program that provides both text-to-speech, and speech-to-text, options, borrowed or leased from another CDCR facility (e.g., CMF) or another state entity (e.g., California Department of Rehabilitation)).
Accordingly, IT IS HEREBY ORDERED that:
1. The Office of the California Attorney General is requested to:
a. Contact the Litigation Coordinator and/or Law Librarian at the California Health Care Facility to determine the ways in which plaintiff is currently supported in his pursuit of this action, and to specifically identify all potential additional means and methods for constructively supporting plaintiff through the conclusion of this action; and
b. Within 30 days after the filing date of this order, file and serve a statement reflecting the findings of such inquiry, including all appropriate declarations.
2. The Clerk of Court is directed to serve a copy of this order on Ms. Monica Anderson, Supervising Deputy Attorney General.