Asberry v. Biter

Filing 115

ORDER denying 105 Motion for separate Deposition hearings signed by Magistrate Judge Michael J. Seng on 3/30/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,
Plaintiff,

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Case No. 1:16-cv-01741-LJO-MJS (PC)
ORDER DENYING MOTION FOR SEPARATE
DEPOSITION HEARINGS

v.
(ECF NO. 105)
MARTIN BITER, et al.,
Defendants.

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Plaintiff is a state prisoner 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 on the following

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claims: an Eighth Amendment claim for deliberate indifference to a serious medical need

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against defendants Lozovoy and Relevante, an Eighth Amendment conditions of

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confinement claim against defendants Ferris and Godfrey, and a First Amendment

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retaliation claim against defendants Ferris and Godfrey.

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Before the Court is Plaintiff’s March 5, 2018 motion seeking to be deposed on his

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claims against Lozovoy and Relevante separately from his claims against Ferris and

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Godfrey. (ECF No. 105.) Defendants respond to the motion stating that the issue was

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resolved informally and Plaintiff’s deposition was conducted without incident on March

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14, 2018. (ECF No. 109.) Plaintiff filed no response.

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In light of Defendants’ representations, Plaintiff’s motion is moot and on that basis
is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

March 30, 2018

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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