Rodriguez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RONALD F. MARTINEZ, Case No. 1:21-cv-01495-JLT-BAK (SAB) (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR RULE 27 DEPOSITIONS TO

v. PERPETUATE TESTIMONY C. RODRIGUEZ, (ECF No. 17)

Defendant.

16 Plaintiff Ronald F. Martinez is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff has filed a motion under Rule 27 of the Federal Rules of Civil Procedure to take the deposition of Defendant Rodriguez to perpetuate his testimony and preserve documentary evidence. (ECF No. 17.) Plaintiff appears to file the motion under Rule 27(a), which governs the taking of depositions to perpetuate testimony before an action is filed. Under this rule, a person seeking to perpetuate testimony may file a verified petition indicating “that the petitioner expects to be a party to an action cognizable in a United States court but cannot presently bring it…