Draper v. Rosairo et al

Filing 83

ORDER signed by Judge Kimberly J. Mueller on 1/16/13 GRANTING 74 Motion for Reconsideration. The 71 Order on Motion to Compel is AFFIRMED. (Manzer, C)

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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 CLINT DRAPER,
Plaintiff,

ORDER

vs.

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No. 2:10-cv-0032 KJM EFB P

Defendant.

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D. ROSARIO,

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On November 26, 2012, plaintiff filed objections to the magistrate judge’s order

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filed November 2, 2012, which denied plaintiff’s motion to compel and motion for writs of

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habeas corpus ad testificandum. The court construes plaintiff’s objections as a motion for

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reconsideration. Under E.D. Local Rule 303(f), a magistrate judge’s order shall be upheld unless

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“clearly erroneous or contrary to law.” Upon review of the entire file, the court finds that the

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magistrate judge’s ruling is not clearly erroneous or contrary to law.
Although plaintiff’s claim is not the clearest, he appears to argue that the

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magistrate judge’s order is improper because this case has been reassigned from Judge Damrell

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to the undersigned. Under the Local Rule 302(c)(1) & (17) however, the magistrate judge

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assigned to a case handles discovery motions and actions brought by prisoners, including

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dispositive and non-dispositive motions. The reassignment to the undersigned of this case did

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not change the magistrate judge’s duties in this case.

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Although plaintiff’s motion to compel asked for a copy of the video-taped

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deposition, in his motion for reconsideration he asks for a written copy of the deposition. (ECF

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74). Despite his in forma pauperis status, plaintiff is not entitled to a copy of the deposition

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either at governmental or the defendant’s expense. Allen v. Hernandez, No.

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1:05-cv-00145-AWI-SMS-PC 2008 WL 4078742, at *1 (E.D. Cal. Aug. 29, 2008)

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Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of
the magistrate judge filed November 2, 2012, is affirmed.
DATED: January 16, 2013.

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UNITED STATES DISTRICT JUDGE

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