(PC)Bush v. Santoro et al

Filing 55

ORDER GRANTING 54 Motion for Leave to Depose Incarcerated Witness and Vacating Hearing, signed by Magistrate Judge Erica P. Grosjean on 11/19/2021. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES S. BUSH,

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Case No. 1:20-cv-00015-NONE-EPG (PC)

Plaintiff,

ORDER GRANTING MOTION FOR
LEAVE TO DEPOSE INCARCERATED
WITNESS AND VACATING HEARING

v.
FLOWERS, et al.,

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(ECF No. 54)

Defendants.

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Plaintiff James Bush is proceeding in forma pauperis in this civil rights action filed
pursuant to 42 U.S.C. § 1983.
On November 18, 2021, Plaintiff filed a motion for leave to depose Anthony Ramirez,

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an incarcerated witness. (ECF No. 54). According to Plaintiff, Defendants do not object to the

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deposition of Ramirez. Additionally, Ramirez is an eyewitness to the critical event in this case

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(the alleged excessive force incident).

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Under Federal Rule of Civil Procedure 30(a)(2)(B), “A party must obtain leave of court,

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and the court must grant leave to the extent consistent with Rule 26(b)(1) and (2) … if the

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deponent is confined in prison.”

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As Defendants do not oppose the motion, and as Plaintiff has alleged that defendant

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Ramirez is an eyewitness to the alleged excessive force incident, the Court will grant Plaintiff’s

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motion.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff has leave to depose Anthony A. Ramirez (CDCR #BM4533); and

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2. The hearing set for December 17, 2021, is VACATED.

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IT IS SO ORDERED.
Dated:

November 19, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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