Lopez v. Schwarzenneger

Filing 105

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/24/2011 DENYING dfts' 104 motion to conduct pltf's deposition by way of video-conferencing from CSP-Corcoran. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREW RICK LOPEZ, 11 12 Plaintiff, No. CIV S-09-1760 MCE GGH P vs. 13 ARNOLD SCHWARZENEGGER, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 17 1983. Pending before the court is defendants’ motion to take plaintiff’s deposition by way of 18 video conferencing from Corcoran State Prison in order to save the costs of defendants’ 19 counsel’s travel expenses and because the CDCR,1 for its part, is currently under stringent 20 financial constraints limiting travel expenditures. Unfortunately, however, court staff has been 21 informed that Corcoran’s video conferencing system is now broken and must have repairs to 22 become functional. Moreover, there is evidently no money available at this time, due to the 23 CDCR budget constraints referenced by defendants, to make the requisite repairs. Therefore, 24 there appears to be no alternative for defendants’ counsel for the taking of plaintiff’s deposition 25 26 1 California Department of Corrections and Rehabilitation. 1 1 other than to travel to the institution of his incarceration. 2 Accordingly, IT IS ORDERED that defendants’ motion to conduct plaintiff’s 3 deposition by way of video-conferencing from Corcoran State Prison, filed on October 21, 2011 4 (docket # 104), must be denied. 5 DATED: October 24, 2011 6 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 7 8 GGH:009 lope1760.ord2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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