Bury v. Clark et al

Filing 46

ORDER GRANTING 43 Motion for Leave to Depose Inmate: Robert Dwayne Murray, CDC # F-43334, a prisoner in the custody of CDCR, signed by Magistrate Judge Dennis L. Beck on 05/22/2012. (Copy of this order mailed to California Institution for Men as to address provided and location of inmate verified) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LARRY BURY,

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CASE NO. 1:10-cv-00196-DLB PC
Plaintiff,

ORDER GRANTING PLAINTIFF’S MOTION
FOR LEAVE TO DEPOSE INMATE

v.
(DOC. 43)

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KEN CLARK, et al.,

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Defendants.

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Plaintiff Larry Bury (“Plaintiff”) is a prisoner in the custody of the California Department

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of Corrections and Rehabilitation, proceeding in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants E. Williams and

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Moto for deliberate indifference in violation of the Eighth Amendment. Parties are represented

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by counsel in this action.

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On May 7, 2012, Plaintiff filed a request for leave to depose Robert Dwayne Murray, a

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prisoner in the custody of CDCR. Defendants filed a statement of non-opposition to Plaintiff’s

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motion.

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Pursuant to Rule 30(a)(2)(B) of the Federal Rules of Civil Procedure, a party must obtain
leave of the Court to depose a deponent confined in prison. Leave will be granted.

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Accordingly, it is HEREBY ORDERED that:

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Plaintiff’s motion for leave to depose Robert Dwayne Murray, a prisoner in the
custody of CDCR, is granted;
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Plaintiff’s request that the Warden of the California Institution for Men, at 14901

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Central Avenue, Chino, California 91710 (or of any correctional facility to which

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Robert Dwayne Murray, a prisoner, CDCR No. F43334, may be/have been

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transferred), be directed to produce Robert Dwayne Murray, at a place designated

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by said Warden within the confines of the California Institution for Men, at 14901

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Central Avenue, Chino, California 91710, on June 6, 2012, or on another date and

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time convenient to counsel for the parties and said Warden, is hereby GRANTED.

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At such time, Robert Dwayne Murray will be deposed by counsel for Plaintiff

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Larry Bury before a notary public or some other officer authorized to administer

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oaths by the laws of the United States or of the State of California, in accordance

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with the provisions of the Federal Rules of Civil Procedure.

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IT IS SO ORDERED.

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Dated:
3b142a

May 22, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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