Pattison v. The State of Nevada, Ex Rel, Nevada Department of Corrections et al

Filing 103

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,

)
)
Plaintiff,
)
)
vs.
)
)
THE STATE OF NEVADA, et al., )
)
Defendants.
)
_____________________________ )
PRESENT:

3:14-CV-0020-MMD (VPC)
MINUTES OF THE COURT
February 20, 2015

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

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
By:

/s/
Deputy Clerk