Sherman v. Gonzalez et al

Filing 76

ORDER Denying 68 Plaintiff's Motion to Review and Amend Statements Made in Plaintiff's Deposition, signed by Magistrate Judge Gerald B. Cohn on 8/19/11. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BRANDON L. SHERMAN,

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CASE NO. 1:09-cv-00420-LJO-GBC PC

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
TO REVIEW AND AMEND STATEMENTS
MADE IN PLAINTIFF’S DEPOSITION

v.
F. GONZALES, et al.,

(Doc. 68)
Defendants.

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Plaintiff Brandon L. Sherman (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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On July 26, 2011, Plaintiff filed a motion requesting that the Court to allow Plaintiff to

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review the transcript of his deposition in order to amend statements he made in the deposition. (Doc.

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68). On August 9, 2011, Defendants filed an opposition. (Doc. 70).

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According to Rule 30 of the Federal Rules of Civil Procedure:

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On request by the deponent or a party before the deposition is completed, the
deponent must be allowed 30 days after being notified by the officer that the
transcript or recording is available in which: to review the transcript or recording; and
if there are changes in form or substance, to sign a statement reciting such changes
and the reasons given by the deponent for making them.

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Fed. R. Civ. Pro. 30(e). Plaintiff’s deposition took place February 23, 2011. (Doc. 66-4). Only after

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Defendants filed a cross-motion for summary judgment containing excerpts from the deposition does

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Plaintiff seek to amend his statements in the deposition. The time in which Plaintiff had to review

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and amend statements in the deposition has long passed and Plaintiff does not provide any

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compelling argument as to why his motion should be granted. Based on the foregoing, the Court

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hereby orders that Plaintiff’s motion filed on July 26, 2011, is DENIED. (Doc. 68).

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IT IS SO ORDERED.

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Dated:
0jh02o

August 19, 2011
UNITED STATES MAGISTRATE JUDGE

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