Filed: Mar. 15, 2016
Latest Update: Mar. 15, 2016
Summary: ORDER NINA Y. WANG , Magistrate Judge . This civil action comes before the court on Defendants' Motion for Order Permitting Deposition of Federal Bureau of Prisons Inmate Mauchlin (the "Motion"). [#198, filed Mar. 15, 2016]. Pursuant to 28 U.S.C. 636(b)(1), the Order of Reference dated September 1, 2015 [#165], and the Memorandum dated March 15, 2016 [#199], the Motion is before the undersigned Magistrate Judge. Fed. R. Civ. P. 30(a)(2)(B) provides that a party must obtain leave of court
Summary: ORDER NINA Y. WANG , Magistrate Judge . This civil action comes before the court on Defendants' Motion for Order Permitting Deposition of Federal Bureau of Prisons Inmate Mauchlin (the "Motion"). [#198, filed Mar. 15, 2016]. Pursuant to 28 U.S.C. 636(b)(1), the Order of Reference dated September 1, 2015 [#165], and the Memorandum dated March 15, 2016 [#199], the Motion is before the undersigned Magistrate Judge. Fed. R. Civ. P. 30(a)(2)(B) provides that a party must obtain leave of court ..
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ORDER
NINA Y. WANG, Magistrate Judge.
This civil action comes before the court on Defendants' Motion for Order Permitting Deposition of Federal Bureau of Prisons Inmate Mauchlin (the "Motion"). [#198, filed Mar. 15, 2016]. Pursuant to 28 U.S.C. § 636(b)(1), the Order of Reference dated September 1, 2015 [#165], and the Memorandum dated March 15, 2016 [#199], the Motion is before the undersigned Magistrate Judge.
Fed. R. Civ. P. 30(a)(2)(B) provides that a party must obtain leave of court to depose an individual who is confined in prison. See also Ashby v. McKenna, 331 F.3d 1148, 1151 (10th Cir. 2003) (Rule 30(a) "requires a court order when defendants seek to depose a prisoner plaintiff.").
Defendants request that the court enter an order permitting them to depose Plaintiff Peter Mauchlin, who is currently incarcerated at the United States Penitentiary — Administrative Maximum ("AD/MAX") in Florence, Colorado. Plaintiffs represent that they seek to depose Mr. Mauchlin on April 6, 2016. [#198 at 2].
Finding good cause for the requested deposition of Plaintiff Peter Mauchlin, the court hereby GRANTS Defendants' Motion for Order Permitting Deposition of Federal Bureau of Prisons Inmate Mauchlin [#198]. Defendants are granted leave to depose Mr. Mauchlin beginning at 9:00 a.m. on April 6, 2016 at the AD/MAX facility in Florence, Colorado.
