Perez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GLENN O’CONNOR, No. 2:18-cv-1057 DB P Plaintiff, v. ORDER W. PEREZ, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Plaintiff claims defendants violated his Eighth Amendment rights. Presently before the court is plaintiff’s motion for leave to exceed the interrogatory limit. (ECF No. 59.) For the reasons set forth below the court will deny the motion. I. Allegations in the Operative Complaint Plaintiff has a prescribed CPAP (continuous positive airway pressure) machine to treat sleep apnea. (ECF No. 22 at 3.) When the mask for his CPAP machine broke, he submitted the proper health care form requesting a replacement, but he did not receive a response. He submitted two additional forms but still did not receive a response. Thereafter, he filed an inmate appeal, or 602 form, regarding his request for a replacement part. (Id. at…