Claiborne v. Shaw et al

Filing 42

ORDER denying 36 Motion for Subpoena Commanding Deposition Attendance. Signed by Magistrate Judge F. Keith Ball on 3/27/19 (RBM)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
TOMMIEL QUENPONTA
CLAIBORNE
VS.

PLAINTIFF
CIVIL ACTION NO. 3:17-cv-734-DPJ-FKB

WARDEN F. SHAW, et al.

DEFENDANTS
ORDER

This case is before the Court on Plaintiff Tommiel Claiborne’s Request for Subpoena
Commanding Deposition Attendance [36]. Claiborne asks the Court to issue subpoenas compelling
three inmates at the East Mississippi Correctional Facility to sit for depositions. In its Omnibus
Order, the Court limited discovery to 25 interrogatories, 25 requests for production, and 25
requests for admission. [35]. The Court did not permit the parties to take depositions. The Court
finds that Claiborne has failed to show good cause as to why the Court should permit depositions
in this case or, specifically, depositions of the individuals identified in Plaintiff’s motion.
Accordingly, the motion [36] is denied.
In the event Plaintiff refiles this motion, he is warned that were the Court to grant
permission for him to take any depositions in this matter, he would be responsible for the costs of
any subpoenas, witness and mileage fees, court reporter services, and for his copies of the
deposition transcripts. See Brown v. Carr, 236 F.R.D. 311, 313 (S.D. Tex. 2006). “Plaintiff may
not expect the Court or defendants to pay for these fees and expenses simply because he is an
indigent inmate proceeding pro se in this action.” Id.
SO ORDERED, this the 27th day of March, 2019.
/s/ F. Keith Ball
UNITED STATES MAGISTRATE JUDGE