Archie

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT EPPS, No. 2:23-cv-0135-DAD-EFB (PC) Plaintiff, v. ORDER ARCHIE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has paid the filing fee. Plaintiff has filed two motions to “conduct depositions” of various prison staff members and inmate Terence Grayson. ECF Nos. 42, 44. The Federal Rules of Civil Procedure require a plaintiff to seek court permission to depose an incarcerated witness. Fed. R. Civ. P. 30(a)(2)(B), 31(a)(2)(B). The court’s permission is not required to depose unincarcerated witnesses. Thus, to the extent plaintiff seeks to depose prison staff and other unincarcerated witnesses, plaintiff's motion is unnecessary. Plaintiff must, however, follow the applicable Federal Rule of Civil Procedure and bear the costs for any depositions he seeks to take. Plaintiff does not proceed in forma pauperis in this…