Brooks v. Medina et al

Filing 144

MINUTE ORDER denying 141 Motion To Waive Fees for Written Deposition, by Magistrate Judge Kathleen M. Tafoya on 07/15/15.(nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 13–cv–02213–CMA–KMT
KEITH CLAYTON BROOKS, JR.,
Plaintiff,
v.
DAVID GABRIEL, individually and in his official capacity as Captain, CDOC,
TRISHA MATHILL-AARON, individually and in her official capacity as Sergeant, CDOC
JAMES GILLIS, individually and in his official capacity as Lieutenant, CDOC,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
Plaintiff’s “Motion to Waive Fees for Written Deposition” (Doc. No. 141, filed June 30, 2015) is
DENIED.
First, Plaintiff is required to request leave of the court before taking a non-party’s deposition by
written question if the parties have not stipulated to the deposition. See Fed. R. Civ. P.
31(a)(2)(A). There is no indication that the defendants have stipulated to the depositions of
Captain Butcher, Lieutenant Jackson, or Sergeant Joffe. Second, Plaintiff has failed to comply
with Fed. R. Civ. P. 31(a)(3). Moreover, Plaintiff does not request leave to depose the witnesses
by written question; rather, he seeks only a waiver of the fees related to deposing the witnesses.
Finally, to the extent Plaintiff’s request for waiver of the deposition fees is based on Plaintiff’s in
forma pauperis status, 28 U.S.C. § 1915 allows a federal court to waive the filing fee for an
indigent prisoner’s civil rights complaint and service of process by United States Marshals.
However, the statute does not require the court to order financing of the entire action or waiver
of fees or expenses for witnesses. “Expenditure of public funds [on behalf of an indigent
litigant] is proper only when authorized by Congress . . . .” United States v. MacCollom, 426
U.S. 317, 321 (1976). Plaintiff thus is financially responsible for fees related to any depositions
by written question, including a deposition officer to transcribe the witnesses’ testimony. See
Fed. R. Civ. P. 31.
Dated: July 15, 2015