Mayfield v. Mix et al

Filing 35

ORDER DENYING AS MOOT 34 Plaintiff's Motion to Postpone Deposition signed by Magistrate Judge Gerald B. Cohn on 4/17/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DWAYNE MAYFIELD,

CASE NO. 1:10-cv-01091-AWI-GBC (PC)

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Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
TO POSTPONE DEPOSITION AS MOOT

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v.
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Doc. 34
M. MIX, et al.,

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Defendants.
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/

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On June 16, 2010, Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983. Doc. 1. On October 22, 2010, the Court found

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a cognizable Eighth Amendment claim for excessive force. Doc. 9. On July 26, 2011, the Court

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issued a discovery and scheduling order, setting a discovery deadline of March 26, 2012 and a

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dispositive motion deadline of June 4, 2012. Doc. 25. On March 22, 2012, Plaintiff filed a motion

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for “renewal of scheduling order” and to postpone his deposition noticed for March 22, 2012. Doc.

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34.

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In Plaintiff’s motion, he states that Defendants noticed his deposition for March 22, 2012,

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but Plaintiff does not have possession of his property. Id. As Plaintiff’s motion was filed on the same

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date of his scheduled deposition, it is moot for review.

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Rule 26(b) (1) give a party the right to discover “any nonprivileged matter that is relevant to

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any party’s claim or defense.” This includes the right to take the opposing party’s deposition, so long

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as that deposition is properly noticed. Fed. R. Civ. P. 30. The Court’s July 26, 2011 discovery and
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scheduling order stated: “Pursuant to Federal Rule of Civil Procedure 30(a), defendants may depose

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plaintiff and any other witness confined in a prison upon condition that, at least fourteen (14) days

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before such a deposition, defendants serve all parties with the notice required by Federal Rule of

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Civil Procedure 30(b)(1).” Doc. 25.

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Accordingly, Plaintiff’s motion to postpone his deposition is DENIED as moot.

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IT IS SO ORDERED.

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Dated:
7j8cce

April 17, 2012
UNITED STATES MAGISTRATE JUDGE

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