ORDER DENYING AS MOOT PLAINTIFF'S NOVEMBER 10, 2014 MOTION FOR PROTECTIVE ORDER STAYING THE TAKING OF PLAINTIFF'S DEPOSITION (DE 42)

ANTHONY P. PATTI, Magistrate Judge.

A. Background

Thomas Leroy Fuller (#237590) is currently incarcerated at the MDOC's Marquette Branch Prison (MBP). Fuller initiated this lawsuit on July 23, 2013 while incarcerated at the Carson City Correctional Facility (DRF). DE 1. He is proceeding in forma pauperis. See DE 2, DE 4.

The Court granted Plaintiff leave to file a first amended complaint (DE 7), which he did on October 21, 2013 (DE 6). Plaintiff was also given leave to file a second amended complaint. See DE 17, DE 19. The second amended complaint was filed on September 23, 2014 and names as defendants Kerr, Davis, Cochran and Hawley. DE 26; see also DE 25. Each of these defendants has appeared. DE 11, DE 40.

B. Instant Matter

Currently, there are several motions pending before the Court. See DE 20, DE 38, DE 42, DE 47, DE 48, DE 49 and DE 52. At this time, the Court will address the pending motion which concerns the taking of Plaintiff's deposition. See DE 42.

By way of background, on October 14, 2014, this Court entered an order (DE 35) granting Defendants' September 16, 2014 motion for leave to take Plaintiff's deposition pursuant to Fed. R. Civ. P. 30(a)(2)(B) (DE 21). On November 10, 2014, after the Court entered its order (DE 35), Plaintiff filed several matters, including:

See DE 43 (Certificate of Service). On December 3, 2014, Judge Leitman entered an order (DE 46) overruling Plaintiff's objections (DE 44).

C. Discussion

Within his response (DE 41) to Defendants' motion for leave to take Plaintiff's deposition (DE 21), Plaintiff explains that Emanuel S. Coates (#155262) "is a paralegal and ha[s] thus far, provided Plaintiff with legal assistance." DE 41 at 2 & 4. Plaintiff asks the Court to (1) Astay the taking of his deposition by the Defendants until such time [as] the Court has ruled on his motion [DE 38] and supplemental motion [DE 42] for protective orders[,]" (2) "enter an Order allowing Prisoner Coates[1] to attend the deposition of Plaintiff when it occurs[,]" and (3) "Order the defendants to provide Plaintiff with a Certified copy of the deposition at no cost to him." DE 41 at 2.2

Looking to Plaintiff's supplemental motion for a protective order staying the taking of Plaintiff's deposition (DE 42), it appears he would like the Court to stay the taking of his deposition until the Court rules upon his objections (DE 44). See DE 42 at 2 & 4. In sum, Plaintiff's November 10, 2014 motion requests entry of an order "staying the taking of Plaintiff's deposition until further Order of the Court." DE 42 at 2.

Upon consideration, Plaintiff's November 10, 2014 supplemental motion for a protective order staying the taking of Plaintiff's deposition (DE 42) is denied as moot. As evident from one of the attachments (DE 48-8) to Defendants' December 31, 2014 motion for summary judgment (DE 48), Plaintiff's deposition was taken at DRF on November 13, 2014. In addition, on December 3, 2014, Judge Leitman entered an order (DE 46) overruling Plaintiff's objections (DE 44).

D. Order

Accordingly, Plaintiff's November 10, 2014 supplemental motion for protective order staying the taking of Plaintiff's deposition (DE 42) is DENIED AS MOOT. The other motions currently pending before this Court (DE 20, DE 38, DE 47, DE 48, DE 49 and DE 52) will be addressed under separate cover.

IT IS SO ORDERED.