Rhodes v. Robinson, et al

Filing 302

ORDER DENYING Plaintiff's Request for Copy of Deposition Transcript 300 , signed by Magistrate Judge Dennis L. Beck on 9/16/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KAVIN M. RHODES,

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Plaintiff,

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v.
ROBINSON, et al.,

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Defendants.

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1:02cv05018 LJO DLB PC
ORDER DENYING PLAINTIFF’S REQUEST
FOR COPY OF DEPOSITION TRANSCRIPT
(Document 300)

Plaintiff Kavin M. Rhodes (“Plaintiff”) is a prisoner proceeding pro se in a civil rights action
pursuant to 42 U.S.C. § 1983.
Defendants filed a Motion for Summary Judgment on August 5, 2013. On September 9, 2013,

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Plaintiff filed a request for an extension of time to file an opposition. The request was granted by

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separate order.

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Plaintiff’s request for an extension also included a request for “a complete copy of the

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transcript” of his April 4, 2013, deposition. Plaintiff states that prior to the commencement of the

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deposition, Defendants’ counsel stated that he would receive a copy of the deposition. Plaintiff has

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not received the copy, and contends that he needs the deposition to oppose Defendants’ “gross

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misrepresentations” of his testimony in their Motion for Summary Judgment. Mot. 2.

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Plaintiff is not entitled to a free copy of his deposition transcript. Fed. R. Civ. P. 30(f)(3).

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Plaintiff is entitled to review the transcript and make changes, which was explained to him at the

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beginning of the deposition, but the request for review must have been made before the completion of

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the deposition. Fed. R. Civ. P. 30(e)(1). If Plaintiff made a timely request, the Court requests that

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Defendants ensure the review to which he is entitled occurs.

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Insofar as Plaintiff believes that Defendants have misrepresented his testimony, Defendants

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have attached the relevant portions of Plaintiff’s deposition to their Motion for Summary Judgment

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and Plaintiff can review the attachments. Moreover, the Court has a complete copy of Plaintiff’s

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deposition and can assess Defendants’ statements accordingly
To the extent Plaintiff is seeking a free copy of the transcript, however, his motion is HEREBY

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DENIED.

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IT IS SO ORDERED.

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Dated:

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/s/ Dennis L. Beck

September 16, 2013

UNITED STATES MAGISTRATE JUDGE
D C_Si gnat ue EN :
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3b142a

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