Maxton v. USA et al

Filing 189

ORDER by Magistrate Judge Nina Y. Wang on 4/1/16. The court hereby GRANTS Defendants' Motion for Leave to Depose Plaintiff Who is Incarcerated 186 . Defendants are granted leave to depose Mr. Maxton via video teleconference on or before April 11, 2016. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00383-WYD-NYW
THERON JOHNNY MAXTON, #85599-071,
Plaintiff,
v.
UNITED STATES OF AMERICA,
BOP DIRECTOR, Washington, D.C.,
T.K. COZZA-RHODES, Warden F.C.I.,
CHARLES DANIEL, Warden F.C.I.,
S. COLLINS, Health Service, U.S.P., and
LT. ANTHONY, U.S.P., Florence,
Defendants.

ORDER
Magistrate Judge Nina Y. Wang
This civil action comes before the court on Defendants’ Motion for Leave to Depose
Plaintiff Who is Incarcerated (the “Motion”). [#186, filed Mar. 30, 2016]. Pursuant to 28 U.S.C.
§ 636(b)(1), the Order of Reference dated April 6, 2014 [#14], the Reassignment dated February
18, 2015 [#137], and the Memorandum dated March 31, 2016 [#188], 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
Theron Johnny Maxton, who is proceeding pro se and is incarcerated at the United States
Penitentiary in Lewisburg, Pennsylvania. Defendants represent that the deposition will occur on
or before April 11, 2016 and will last less than seven hours. Defendants further represent that
the deposition will be conducted via video-teleconference.
Finding good cause for the requested deposition of Plaintiff Theron Johnny Maxton, the
court hereby GRANTS Defendants’ Motion for Leave to Depose Plaintiff Who is Incarcerated
[#186]. Defendants are granted leave to depose Mr. Maxton via video teleconference on or
before April 11, 2016.

DATED: April 1, 2016

BY THE COURT:

s/ Nina Y. Wang
United States Magistrate Judge

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