Vallejo v. Allison et al

Filing 42

ORDER REQUIRING DEFENDANT TO CLARIFY RE DEPOSITION VIA VIDEO CONFERENCE AND SHORTENING TIME TO RESPOND TO MOTION FOR APPOINTMENT OF COUNSELORDER re 40 , 41 signed by Magistrate Judge Sheila K. Oberto on 5/12/2014. (Filing Deadline: 5/15/2014).(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FLORENCIO VALLEJO,
Plaintiff,

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v.
KATHLEEN ALLISON, et al.,
Defendants.

Case No. 1:10-cv-02352-AWI-SKO (PC)
ORDER REQUIRING DEFENDANT TO
CLARIFY RE DEPOSITION VIA
VIDEOCONFERENCE AND SHORTENING
TIME TO RESPOND TO MOTION FOR
APPOINTMENT OF COUNSEL
(Docs. 40 and 41)
Deadline: 05/15/2014

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Plaintiff Florencio Vallejo (“Plaintiff”), a state prisoner proceeding pro se and in forma

18 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on December 17, 2010. This
19 action is proceeding on Plaintiff’s amended complaint, filed on January 3, 2012, against
20 Defendant Gray (“Defendant”) for acting with deliberate indifference to Plaintiff’s medical needs,
21 in violation of the Eighth Amendment of the United States Constitution.
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On May 9, 2014, Defendant filed a motion seeking leave to depose Plaintiff via

23 videoconference. Fed. R. Civ. P. 30(b)(4). However, the discovery deadline does not expire until
24 December 20, 2014; the Court was requested to schedule a settlement conference in this matter;
25 the settlement conference is scheduled for June 13, 2014; and Plaintiff is seeking the appointment
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1 of counsel given his limited education, inability to speak English, and reliance on a jailhouse
2 lawyer to draft his filings.1 Given these circumstances, the Court HEREBY ORDERS as follows:
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1.

On or before May 15, 2014, Defendant shall notify the Court whether he intends to

4 depose Plaintiff before the settlement conference scheduled on June 13, 2014; and
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2.

On or before May 15, 2014, Defendant shall file an opposition or a statement of

6 non-opposition to Plaintiff’s motion for the appointment of counsel.
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IT IS SO ORDERED.
Dated:

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May 12, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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The Pro Bono Program Director was informed that Defendant will provide a Spanish interpreter for the settlement
conference.

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