Scott v. Palmer et al

Filing 189

ORDER Addressing Notice Regarding Willingness but Inability to Compensate Officer to Take Depositions by Written Questions, signed by Magistrate Judge Sheila K. Oberto on 1/5/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FLOYD SCOTT,
Plaintiff,

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v.

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J. PALMER, et al.,

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Defendants.
_____________________________________/

Case No. 1:09-cv-01329-LJO-SKO (PC)
ORDER ADDRESSING NOTICE
REGARDING WILLINGNESS BUT
INABILITY TO COMPENSATE OFFICER
TO TAKE DEPOSITIONS BY WRITTEN
QUESTIONS
(Docs. 176 and 184)

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Plaintiff Floyd Scott (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis,

17 filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 29, 2009. This action for
18 damages is proceeding against Defendants Palmer, Rivera, and Lopez (“Defendants”) on
19 Plaintiff=s claim that while he was at Kern Valley State Prison in Delano, California, Defendant
20 Palmer used excessive physical force against him and Defendants Rivera and Lopez failed to
21 intervene, in violation of his rights under the Eighth Amendment of the United States Constitution.
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On November 26, 2014, the Court denied Plaintiff’s motion for an order compelling

23 Defendants’ depositions by written questions but provided him thirty days within which to notify
24 the Court if he is willing and able to compensate an officer to take responses and prepare the
25 record, supported by an offer of proof. (Doc. 176, Order, 2:12-16.) On December 29, 2014,
26 Plaintiff notified the Court that he is willing to compensate an officer to take the depositions but
27 he is unable to do so due to his indigency. (Doc. 184.)
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Accordingly, in light of Plaintiff’s inability to compensate an officer to takes responses and

2 prepare the record, the issue of depositions by written questions has been resolved, as provided in
3 the order filed on November 26, 2014.
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IT IS SO ORDERED.
Dated:

January 5, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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