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12-1892 - White v. Williams et al


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12-1892 - White v. Williams et al
October 1, 2013
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TEXT ORDER denying 86 Plaintiff's Motion for Leave to Depose Witnesses. A litigant, even if granted in forma pauperis ("IFP") status, does not have a right to conduct a deposition without bearing (1) the cost of a deposition stenographer (2) the daily attendance fee and mileage allowance that must be presented to an opposing witness under Rule 45 of the Federal Rules of Civil Procedure,or (3) the copying cost of any deposition transcripts. Koehl v. Greene, 9:06-CV-0478 (LEK/GHL), 2007 WL 4299992, at *3-4 (N.D.N.Y. Dec. 6, 2007)(copy attached). Unless and until plaintiff--an incarcerated, pro se litigant who has paid the statutory filing fee, but who has been granted IFP status--can establish that he is in a position to bear those costs and otherwise meet the procedural requirements for conducting a depositon under the Federal Rules of Civil Procedure, the court will not consider a motion for leave to conduct the requested depositions. The Affidavit attached to 86 at 14-18 appears to supplement 81 plaintiff's pending Rule 60 motion, and it will be considered in connection with that motion. Signed by U.S. Magistrate Judge Andrew T. Baxter on 10/1/2013. (Baxter, Andrew)
January 11, 2016
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ORDER and REPORT-RECOMMENDATION: RECOMMENDED, that the defendants' motion for summary judgment (Dkt. No. 307) be GRANTED and the complaint DISMISSED IN ITS ENTIRETY AS TO ALL REMAINING DEFENDANTS. ORDERED, that plaintiff's request for additional discovery (Dkt. No. 351) is DENIED. Signed by US Magistrate Judge Andrew T. Baxter on 1/11/16. ( Objections to R&R due by 1/28/2016, Case Review Deadline 2/1/2016) {r&r served via regular mail on plaintiff} (nas, )
March 29, 2016
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ORDER: ORDERED that the Order and Report-Recommendation (Dkt. No. 362) is ADOPTED in its entirety. ORDERED that defendants' motion for summary judgment (Dkt. No. 307) is GRANTED. Signed by Senior Judge Gary L. Sharpe on 3/29/16. {order served via regular mail on plaintiff}(nas, )