Martinez v. Delio et al

Filing 70

ORDER DENYING as Moot Defendants' 68 Request for Leave to Take Deposition, signed by Magistrate Judge Michael J. Seng on 2/27/2015. (Marrujo, C)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BERNARD MARTINEZ,

Case No. 1:11-cv-01088-LJO-MJS (PC)

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Plaintiff,
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v.

ORDER DENYING AS MOOT
DEFENDANTS’ REQUEST FOR LEAVE
TO TAKE DEPOSITION

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DR. L. A. DELIO, et al.,

(ECF No. 68)

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Defendants.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. This matter proceeds against Defendants Martha

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Ruiz, Sonia Martinez, and Nguyen on claimed medical indifference.1

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Before the Court is Defendants Martha Ruiz and Sonia Martinez’s request for leave

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to take deposition of person confined in prison. (ECF No. 68.)
The Court’s September 4, 2014 Discovery and Scheduling Order granted

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Defendants permission to take the deposition of Plaintiff and any other witness confined in

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prison . (ECF No. 54.)

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It appears Defendant Nguyen has not been served.

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Accordingly, Defendants’ request is DENIED as moot.

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IT IS SO ORDERED.

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Dated:

February 27, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE