Knowles v. Gladden

*644OPINION

KILKENNY, District Judge:

Petitioner, in this habeas corpus proceeding, moves to quash the respondent’s notice to take petitioner’s deposition.

Counsel for petitioner argue that discovery depositions are not permissible under 28 U.S.C. § 22461and Rule 81(a) (2), F.R.Civ.P.2 Supporting this view is Judge Murphy’s opinion in Sullivan v. United States, 198 F.Supp. 624 (S.D.N.Y.1961). Unless compelling reasons would otherwise indicate, having much more than a touch of the Celt in my own veins, I would lean toward the logic of a man named Murphy, be he judge or otherwise. Here, however, I…