ALLISON CLAIRE, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently pending before the court is plaintiff's motion to compel. ECF No. 82.
On April 1, 2015, the court issued an order granting in part and denying in part plaintiff's motion to compel discovery. ECF No. 73. Relevant to plaintiff's current motion to compel, defendants were ordered to provide the following: (1) access to or copies of plaintiff's relevant medical records from May 19, 2011, to the present (
On May 21, 2015,
Plaintiff's motion to compel seeks production of the following:
ECF No. 82 at 1-2. Plaintiff states that he has conferred with defendants' counsel via telephone and submitted written requests for the documents but has not received them.
Defendants responded to the motion and stated that, in compliance with the court's order, they had provided plaintiff with the following documentation: "three Rules Violation Reports received by inmate Williams in the six months preceding May 19, 2011, Operational procedures related to searches of inmates and cells, and Captains' Reports that showed which cells were searched on January 1, 6, 7, 8, and 9, 2011, and March 25, 26, and 30, 2011." ECF No. 83 at 2. They also provided plaintiff with two declarations regarding the attempts to locate additional logbooks showing cell searches, and ensured plaintiff had access to his central file and medical records.
Although the disputes raised in plaintiff's motion to compel exceed the scope of those initially indicated in his motion for extension (ECF No. 80), each of plaintiff's requests will be addressed.
Plaintiff's first request in dispute is for the "relevant documents inside the confidential section of Plaintiff's C-file." ECF No. 82 at 1. Plaintiff's access to the confidential portion of his C-file was the only issue identified by plaintiff in his motion for extension. ECF No. 80. Plaintiff was advised that if he filed a motion to compel documents from his confidential C-file, "[t]he motion must identify what documents plaintiff seeks from his confidential C-file and how they `would demonstrate he had an issue with inmate Williams on or before May 19, 2011.'" ECF No. 81 at 2. Contrary to the court's explicit instructions, plaintiff has simply requested the "relevant documents" from his confidential C-file. ECF No. 82 at 1. He does not identify any specific documents or types of documents or explain how they would demonstrate he had a pre-existing issue with inmate Williams.
Plaintiff's next request is for the non-confidential section of his C-file. ECF No. 82 at 1. The court has already determined that plaintiff's request for his entire C-file is overly broad and exceeds the scope of the complaint. ECF No. 73 at 11-12. Moreover, defendants were not required to provide plaintiff with copies of his C-file to comply with the court's April 1, 2015 order.
Plaintiff's next request is for search logs which he claims are "located in ASU log books and inmates' CDCR 114-As." ECF No. 82 at 1. This request has already been narrowed by the court once (ECF No. 73 at 7), and defendants have provided plaintiff with reports that show the dates of the searches that took place in B4 administrative segregation during the six months preceding May 19, 2011, and, where records were not available, declarations detailing the efforts to locate the responsive logs (ECF No. 83 at 2). Defendants' counsel also spoke with plaintiff to clarify what he meant by logbooks and, when those documents could not be located, provided a declaration outlining the steps taken to locate them.
Plaintiff's fourth and fifth requests are for the x-rays and x-ray reports for his right hand and all of his medical lab reports. ECF No. 82. With respect to the request for x-rays and x-ray reports, plaintiff alleged that he was not permitted to review these documents when he reviewed his medical files. ECF No. 80 at 2. He states that he advised defendants' counsel that he was not permitted to review his x-rays during their first telephonic conference on May 4, 2015, and that during the second discussion on May 21, 2015, counsel agreed to provide documents other than those in plaintiff's confidential C-file. ECF No. 80 at 2-3. Plaintiff's motion to compel was filed on June 7, 2015 (ECF No. 82), before defendants provided him copies of his x-rays on June 17, 2015 (ECF No. 83 at 2). Since it appears plaintiff has been provided copies of his x-rays, his request to compel them will be denied. As for the request for all of his medical lab reports, this request is overly broad because it does not specify a timeframe or any specific type of lab report. Without specifying the type of lab report he is seeking, it is not clear how lab reports are related to plaintiff's claim that defendants failed to protect him from an assault and inappropriately used pepper spray on him when responding to the assault. Finally, defendants were not required to provide plaintiff with copies of his medical records. Plaintiff has admitted that he was permitted to review his medical records and does not allege he was prevented from reviewing lab reports; he claims that he was only unable to view his x-rays and the related reports (ECF No. 80 at 2), which have since been provided to him (ECF No. 83 at 2). Plaintiff's motion to compel copies of his x-rays and lab reports will be denied.
Plaintiff's sixth and eighth requests are for policies and procedures that were in effect in 2010. ECF No. 82 at 1-2. Defendants were ordered to produce policies or procedures that were in effect on May 19, 2011, that related to searches. ECF No. 73 at 9-10. Policies and procedures from 2010 are not relevant to the claims in this case unless they were still in effect on May 19, 2011. Moreover, to the extent plaintiff now tries to expand the scope of the policies sought to general policies for the security housing unit and administrative segregation unit, the court will not consider the request as it is overbroad and the time for requesting discovery and compelling responses has passed.
Finally, plaintiff's seventh request sought copies of inmate Williams' complete inmate segregation profile, inmate segregation record, isolation log book, initial housing review, ASU/SHU double cell review, and all CDCR 114-Ds. ECF No. 82 at 2. This request far exceeds the original request for all inmate Williams' CDCR 114-D and RVR-115 records and the limitations set on the request by the court. ECF No. 73 at 10-11. As previously stated, permission to file a motion to compel related to the April 1, 2015 order was not an invitation to expand the scope of the documents sought. Defendants argue that they have already provided the documentation regarding inmate Williams as required by the April 1, 2015 order (ECF No. 83 at 2), and the court will not grant plaintiff's request to compel defendants to produce documents the court has already determined defendants were not required to produce or additional documents that were not originally requested. This request will be denied.
For the reasons set forth above, plaintiff's motion to compel (ECF No. 82) will be denied and the court will re-set the deadline for plaintiff to file his supplemental response to defendants' motion for summary judgment.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion to compel (ECF No. 82) is denied.
2. Plaintiff may file a supplemental opposition to the defendants' motion for summary judgment within twenty-one days of this order.
3. Defendants' time to file a reply in support of their motion for summary judgment will not begin to run until plaintiff either files his supplemental opposition or his time for doing so expires, whichever occurs first. Defendants shall then have fourteen days to file a reply.