Mitchell v. Schwartzenegger et al

Filing 81

ORDER signed by Magistrate Judge Kendall J. Newman on 7/1/2013 DENYING, without prejudice, plaintiff's 78 motion. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN EDWARD MITCHELL,

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Plaintiff,
vs.
J. HAVILAND, et al.,

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Defendants.

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No. 2:09-cv-3012 JAM KJN P

ORDER
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Plaintiff is a state prisoner proceeding without counsel. On June 17, 2013, the court

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denied plaintiff’s request for deposition subpoenas, and informed plaintiff of the requirements of

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Rule 31 of the Federal Rules of Civil Procedure. Subsequently, plaintiff’s June 13, 2013 motion

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to depose by written questions was docketed on June 17, 2013. Plaintiff’s motion was written

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before the court’s June 17, 2013 order issued, and the motion does not comply with the June 17,

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2013 order. Specifically, plaintiff does not discuss making arrangements for an officer to process

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the questions, or indicate whether he is financially responsible for procuring an officer to

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transcribe the witnesses' testimony, for notice and delivery of the questions, for filing of the

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deposition, see Fed. R. Civ. P. 31, and for the payment of witness fees and mileage for each

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deponent, see Fed. R. Civ. P. 45(b)(1). Thus, plaintiff’s motion is denied without prejudice to its

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renewal.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s June 17, 2013 motion (ECF No.

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78) is denied without prejudice.

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DATED: July 1, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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mitc3012.dwq2

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