Fernandez

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

9 FRANK J. FERNANDEZ, Case No. 22-cv-0446-BAS-VET 10 Plaintiff,

ORDER:

11 v. 1. OVERRULING PLAINTIFF’S

E. DUARTE, ISU Sergeant, OBJECTIONS (ECF NO. 104),

13 Defendant. 2. CONFIRMING ADOPTION OF

REPORT AND

RECOMMENDATION IN ITS ENTIRETY (ECF No. 92), 16 3. CONSTRUING MOTION AND

GRANTING MOTION FOR

EXTENSION (ECF No. 122),

AND

19 4. DENYING MOTION FOR

RECONSIDERATION

(ECF No. 116)

22 The plaintiff, Frank J. Fernandez (“Plaintiff”) is incarcerated and representing himself in the case (also called “proceeding pro se”). During discovery and without leave of the Court, the defendant took Plaintiff’s deposition. However, the Federal Rules of Civil Procedure require a party to obtain leave of court if the subject of a deposition “is confined in prison,” as Plaintiff presently is. Fed. R. Civ. P. (“Rule”) 30(a)(2)(B). After Plaintiff 28 …