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May v. Jones

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


January 22, 2009

WALTER MAY, II, PLAINTIFF
v.
P.A. JONES, DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 22nd day of January, 2009, upon consideration of various motions filed by plaintiff (Docs. 68, 70, 74, 78, 82), it is hereby ORDERED that:

1. Plaintiff's motion requesting appointment of an expert witness (Doc. 68) to establish that his migraine headaches rise to a serious medical need as required by the Eighth Amendment is DENIED. Plaintiff's allegations of experiencing "an excruciating migraine headache that was causing the plaintiff to vomit from the pain," and "[t]he pain was so bad the plaintiff couldn't eat or sleep for two days" are sufficient to meet this threshold requirement.*fn1 (Doc. 1, at 2, ¶ 9).

2. Plaintiff's motion to compel (Doc. 70) is GRANTED in part and DENIED in part.

a. The motion is GRANTED in that defendant is ordered to respond to interrogatories 1-7 and 11-23 within twenty days of the date of this order.*fn2

b. The motion (Doc. 70) is DENIED to the extent that plaintiff seeks sanctions because defendants did not timely respond to his requests for answers to interrogatories and document production requests (Doc. 70, at 2). Plaintiff conceded that the responses were timely (Doc. 79, at 1.)

The motion is further DENIED with respect to his request to compel production of certain documents. The court has reviewed the responses and deems them appropriate.

3. Plaintiff's motion for a preliminary injunction (Doc. 74) is DENIED as moot as plaintiff is no longer incarcerated at the State Correctional Institution at Smithfield.*fn3

4. Plaintiff's motion for sanctions (Doc. 78) is DENIED.

5. Plaintiff's motion for a stay (Doc. 82) is DENIED as moot in light of the prior order of court staying any briefing on defendant's pending motion for summary judgment until further order of court.

CHRISTOPHER C. CONNER United States District Judge


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