Kernan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATTHEW DENNIS, No. 2:16-cv-0542 JAM AC P Plaintiff, v. ORDER SCOTT KERNAN, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983, has filed a motion requesting leave to depose defendants by written question. ECF No. 104. This case, including discovery, is currently stayed pending the resolution of plaintiff’s interlocutory appeal, ECF No. 100, and the motion will therefore be denied. Plaintiff is advised that once the stay is lifted and discovery has opened, he does not require leave of this court to conduct a deposition by written question unless the parties have not stipulated to the deposition and “the deposition would result in more than 10 depositions being taken [by plaintiff] under this rule or Rule 30” or “the deponent has already been deposed in the case.” Fed. R. Civ. P. 31(a). A deposition by written questions pursuant to…