Mauchlin v. Bier et al

Filing 156

MINUTE ORDER granting 154 Defendants Motion for Order Permitting Deposition of Federal Bureau of Prisons Inmate Mauchlin by Magistrate Judge Michael E. Hegarty on 6/5/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-02593-CMA-MEH PETER P. MAUCHLIN, Plaintiff, v. BIER, Correctional Supervisor, A. OSAGE, Physicians Assistant, DALGLEISH, EMT, BARRY, Correctional Supervisor, HAM, Correctional Officer, JOHN DOE 1, Correctional Officer, JOHN DOE 2, Medical Officer, Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on June 5, 2009. Defendants' Motion for Order Permitting Deposition of Federal Bureau of Prisons Inmate Mauchlin [filed June 4, 2009; docket #154] is granted. Although Defendants represent to the Court that Plaintiff opposes the relief requested, the Court reminds Plaintiff that it could seem "unfair and abusive for a plaintiff to file a lawsuit and then refuse to make himself available for reasonable questioning regarding his claims." Ashby v. McKenna, 331 F.3d 1148, 1150 (10th Cir. 2003). Fed. R. Civ. P. 30(a)(2)(b) requires a party to obtain leave of court to depose a person confined in prison. As Plaintiff is confined to the custody of the Federal Bureau of Prisons' ADX facility in Florence, Colorado, Defendants properly seek permission from the Court to conduct Plaintiff's deposition. Accordingly, the Court grants Defendants' Motion and permits Defendants to depose Plaintiff at the ADX facility.