Hendrix v. State of Nevada et al

Filing 91

ORDER Denying 80 and 81 Motions to Compel. Signed by Magistrate Judge Carl W. Hoffman on 5/4/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JAMAL DAMON HENDRIX,

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Plaintiff,
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vs.
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STATE OF NEVADA, et al.,
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Defendants.
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__________________________________________)

Case No. 2:13-cv-01527-JAD-CWH
ORDER

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This matter is before the Court on Plaintiff Jamal Damon Hendrix’s (“plaintiff”) motions to

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compel (docs. # 80, # 81), Defendant Dr. Howard Hale Henson’s (“Henson”) response (doc. # 85),

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along with the response (doc. # 84) of Defendants Dr. Elizabeth Neighbors, Dr. Richard Bissett, and

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Tom Durante, (collectively “defendants”). Plaintiff did not file replies.

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BACKGROUND

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Plaintiff, proceeding pro se and in forma pauperis, is a prisoner in the custody of the Nevada

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Department of Corrections and currently incarcerated at the Ely State Prison. See Doc. # 7. On

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January 21, 2014, the Court entered a screening order finding that plaintiff had pled sufficient facts

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to support claims under the Eighth and Fourteenth amendments. See Doc. # 8. Plaintiff’s claims are

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based on events that transpired in 2010 while plaintiff was undergoing a competency evaluation at

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Lake’s Crossing Center in Reno, Nevada. See Doc. # 1-1; see also Doc. # 9.

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DISCUSSION
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Motion to Compel (doc. # 80)

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Plaintiff moves the Court to compel Hale to respond to numbers 4, 5, and 8 of plaintiff’s first

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set of interrogatories, and to plaintiff’s second set of interrogatories. Plaintiff also moves the Court

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to sanction Hale in the amount of $300 for his purported failure to respond.

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Hale, in response, asks the Court to deny the instant motion because plaintiff: (1) fails to set

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forth the full text of the discovery originally sought, along with Hale’s responses, as required by Local

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Rule (“LR”) 26-7(a); (2) fails to certify that plaintiff personally consulted and engaged in sincere

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efforts to resolve the matter with Hale, as required by LR 26-7(b), noting that plaintiff could have

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contacted Hale via telephone or in writing; (3) fails to identify the deficiencies in Hale’s responses to

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numbers 4, 5, and 8 of plaintiff’s first set of interrogatories; (4) prematurely and frivolously compels

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responses to the second set of interrogatories, which are not yet due, as the interrogatories have not

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yet been served on Hale; and (5) erroneously seeks sanctions without any basis. Plaintiff did not file

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a reply.
This Court agrees with Hale and, as such, denies the instant motion.

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2.

Motion to Compel (doc. # 81)

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Plaintiff moves the Court to compel defendants to respond to items in plaintiff’s first set of

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interrogatories, plaintiff’s second set of interrogatories, and plaintiff’s request for production of

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documents.

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Defendants, in response, ask the Court to deny the instant motion because plaintiff: (1) fails

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to set forth the full text of the discovery originally sought, along with defendant’s responses, as

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required by LR 26-7(a); (2) fails to certify that plaintiff personally consulted and engaged in sincere

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efforts to resolve the matter with defendants, noting that plaintiff’s cursory letter to defense counsel

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is not sufficient for LR 26-7(b)’s purposes; (3) fails to identify the deficiencies in defendants’

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responses; and (4) prematurely compels responses to the second set of interrogatories and to the

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request for production of documents, which are not yet due. Plaintiff did not file a reply.

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The Court agrees with defendants and again finds no basis to grant plaintiff’s motion.
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CONCLUSION AND ORDER
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions to compel (docs. # 80, # 81)
are denied.
DATED: May 4, 2015

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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