(PC) Epps v. Archie ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EPPS, No. 2:23-cv-0135-DAD-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 ARCHIE, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. He has paid the filing fee. Plaintiff has filed two motions to “conduct 19 depositions” of various prison staff members and inmate Terence Grayson. ECF Nos. 42, 44. 20 The Federal Rules of Civil Procedure require a plaintiff to seek court permission to depose 21 an incarcerated witness. Fed. R. Civ. P. 30(a)(2)(B), 31(a)(2)(B). The court’s permission is not 22 required to depose unincarcerated witnesses. Thus, to the extent plaintiff seeks to depose prison 23 staff and other unincarcerated witnesses, plaintiff's motion is unnecessary. Plaintiff must, 24 however, follow the applicable Federal Rule of Civil Procedure and bear the costs for any 25 depositions he seeks to take. Plaintiff does not proceed in forma pauperis in this action and, even 26 if he did, the in forma pauperis statute does provide for the subsidization of plaintiff’s deposition 27 costs and obligations by the court or defendants. See, e.g., Brooks v. Tate, No. 1:11-cv-01503 28 AWI-DLB PC, 2013 U.S. Dist. LEXIS 111420 (E.D. Cal. Aug. 7, 2013). Plaintiff must pay the 1 || deposition officer fee, court reporter fee, and costs for a transcript. 2 These requirements also apply to any deposition plaintiff wishes to take of Mr. Grayson. 3 | Plaintiff has not shown an ability to arrange and pay for the depositions he requests. Absent such 4 || a showing, the court declines to grant plaintiff's motion with respect to Mr. Grayson. See Harrell 5 | v. Jail, No. 2:14-cv-1690 TLN CKD P, 2015 U.S. Dist. LEXIS 166517 (E.D. Cal. 2015); Jackson 6 | v. Woodford, No. 0Scev513 L (NLS), 2007 U.S. Dist. LEXIS 53133 (S.D. Cal. Aug. 17, 2007). 7 Accordingly, it is ORDERED that plaintiff's March 25, 2024 and April 8, 2024 motions 8 || to conduct depositions (ECF Nos. 42, 44) are DENIED as unnecessary with respect to all 9 | unincarcerated witnesses. With respect to Mr. Grayson, plaintiffs motion is DENIED without 10 || prejudice to its renewal in a motion that shows plaintiff's ability to arrange and pay for the 11 | deposition. 12 13 | Dated: May 23, 2024 Za? ibhtin LACH 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28