Galliger

I. BACKGROUND

19 Isaiah J. Petillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 20 with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s 21 First Amended Complaint, filed on November 19, 2018, on Plaintiff’s Eighth Amendment 22 excessive force claim against defendant Fugate; Eighth Amendment claims against defendants 23 Gallagher and Fugate for failing to protect Plaintiff; and First Amendment retaliation claim 24 against defendant Gallagher. (ECF No. 18.) On August 11, 2021, the court issued a Discovery 25 and Scheduling Order setting out deadlines for the parties including a discovery deadline of 26 January 11, 2022, and a dispositive motions deadline of March 11, 2022. (ECF No. 53.) This 27 case is now in the discovery phase. 28 On December 6, 2021, Plaintiff filed a motion to conduct depositions by written questions. (ECF No. 60.) II. DEPOSITIONS BY WRITTEN QUESTIONS Plaintiff seeks to take depositions by written questions, which must be taken pursuant to the procedures set forth under Federal Rule of Civil Procedure 31. The deposition upon written 6 …