Cranford v. Crawford

Filing 30

ORDER Denying as Moot 24 Motion for Paper Deposition signed by Magistrate Judge Michael J. Seng on 01/26/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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Plaintiff,

CASE NO. 1:14-cv-00055-AWI-MJS (PC)
ORDER DENYING AS MOOT MOTION
FOR PAPER DEPOSITION

v.
(ECF No. 24)
CHRISTINA CRAWFORD,

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Defendant.

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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against

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Defendant Crawford on Plaintiff’s Fourteenth Amendment inadequate medical care

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claim. (ECF No. 14.)

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Before the Court is Plaintiff’s August 11, 2014 motion for paper deposition. (ECF
No. 24.) Defendant did not oppose the motion.

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Federal Rule of Civil Procedure 31 allows a party to depose any person by written

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questions without leave of Court, except as provided for in Rule 31(a)(2). Fed. R. Civ. P.

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31(a)(1). Rule 31(a)(2)(A) requires a party to seek leave of the Court if there is no

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stipulation and (1) the party seeking written depositions would be afforded more than ten

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depositions, (2) the deponent already has been deposed, or (3) discovery is not yet

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open. Leave also is required if the deponent is confined in prison. Fed. R. Civ. P.

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31(a)(2)(B).
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Plaintiff’s motion was made prior to Plaintiff conducting any discovery. (See ECF

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No. 24.) There is no indication that any of the factors requiring leave of the Court under

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Rule 31(a)(2) are present. Plaintiff need not seek leave prior to deposing any person by

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written questions.

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Accordingly, his motion for paper deposition (ECF No. 24) is HEREBY DENIED
as moot.

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IT IS SO ORDERED.
Dated:

January 26, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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