Pattison v. The State of Nevada, Ex Rel, Nevada Department of Corrections et al
ORDER DENYING P's # 83 Motion to stay briefing ; DENYING P's # 86 Motion to stay deposition; GRANTING P's # 87 Motion to Take Deposition ; DENYING P's # 91 Motion to waive deposition fees. Signed by Magistrate Judge Valerie P. Cooke on 2/20/2015. (Copies have been distributed pursuant to the NEF - DRM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
DANTE H. PATTISON,
THE STATE OF NEVADA, et al., )
MINUTES OF THE COURT
February 20, 2015
THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE
REPORTER: NONE APPEARING
COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Plaintiff’s motion to stay briefing schedule of defendants’ motion for leave take
deposition of incarcerated plaintiff (#83) is DENIED. Motions for leave to take depositions of
incarcerated plaintiffs are routinely granted without briefing as the court did in this case (#80).
Plaintiff’s emergency motion to stay deposition (#86) is DENIED. Plaintiff initiated this
case and defendants have the right to take his deposition pursuant to Fed.R.Civ.P. 27.
Plaintiff has filed a motion to take the depositions of four defendants (#87), and a motion
waive all fees associated with the depositions (#91). Plaintiff is permitted to conduct
depositions; therefore, his motion to take depositions (#87) is GRANTED. However, plaintiff’s
motion to waive all fees associated with the depositions (#91) is DENIED. Plaintiff is not
proceeding in this action in forma pauperis because this case was removed by the defendants
from the First Judicial District Court of the State of Nevada (#1). However, even assuming
arguendo that plaintiff could be considered in forma pauperis, an order granting in forma
pauperis status does not extend to the expenses of litigation, Local Special Rule 1-8. Moreover,
it is not the court’s obligation nor the defendants’ obligation to pay for a court reporter or require
a court reporter to report a deposition at no charge. Therefore, if plaintiff were to take
depositions, he will be responsible for properly noticing deposition, making all arrangements for
a court reporter and pay all expenses associated with the same.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?