Tran v. Turner et al

Filing 49

ORDER signed by Magistrate Judge Deborah Barnes on 12/27/17 GRANTING 47 Motion to depose plaintiff. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BINH C. TRAN,

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No. 2:15-cv-0200 MCE DB P
Plaintiff,

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v.

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JOKSCH,

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ORDER

Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. Pending before the court is defendant’s December 14, 2017, motion for

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leave to take plaintiff’s deposition pursuant to Federal Rule of Civil Procedure 30(a)(2)(B) and to

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videotape said deposition. (ECF No. 47.) Under 30(a)(2)(B), the deposition of a deponent who is

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confined in prison may be taken with leave of court, and leave must be granted to the extent

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consistent with Rule 26(b)(1) and (2). As defendant seeks to depose plaintiff regarding plaintiff’s

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claim and defendant’s defense in this matter, the proposed deposition is well-within the scope of

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discovery and does not appear to exceed any of the limitations set forth in Rule 26(b)(2).

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Therefore, IT IS HEREBY ORDERED that defendant’s motion to depose plaintiff is

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granted.

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Dated: December 27, 2017

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/DLB7;
DB/Inbox/Routine/tran0200.depo

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