IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 22, 2011
DAVID WESLEY BIRRELL, AKA BELLA-CHRISTINA BIRRELL, PLAINTIFF,
KEITH HARLAN KNAUF, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's motion for leave to take the depositions of incarcerated witnesses (Doc. 36).
Plaintiff seeks leave of court to take the oral depositions of various incarcerated witnesses. In his request, plaintiff admits that he "anticipates that not all of these [listed] prisoners will have information that my be critical to plaintiff's case. . . ." At this time, the court is not prepared to allow plaintiff to depose the nine inmate witnesses listed in his request given this statement from plaintiff. The court will, however, permit the depositions of those inmate witnesses as to whom plaintiff can demonstrate personal knowledge relating to the allegations in this action.*fn1 Plaintiff's motion will be denied without prejudice.
IT IS SO ORDERED.