Miller v. Kastelic et al

Filing 63

MINUTE ORDER granting in part and denying in part 61 Defendant Kastelic's and Ridgwell's Motion to Allow Plaintiff's Deposition Pursuant to C.R.C.P. 30(A)(2)(D), by Magistrate Judge Michael E. Hegarty on 4/30/2013. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02677-CMA-MEH
LARRY C. MILLER,
Plaintiff,
v.
CAPTAIN KASTELIC,
DANIEL REIMER, and
LT. RIDGWELL,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on April 30, 2013.
Defendant Kastelic’s and Ridgwell’s Motion to Allow Plaintiff’s Deposition Pursuant to
C.R.C.P. 30(A)(2)(D) [filed April 29, 2013; docket #61] is granted in part and denied in part as
follows. Although Defendants move under the Colorado Rules of Civil Procedure, the Court
considers their motion under the Federal Rules of Civil Procedure. 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
currently incarcerated at Fremont Correctional Facility in Canon City, Colorado, Defendants
properly seek permission from the Court to conduct Plaintiff’s deposition. Accordingly, the Court
grants Defendants’ Motion under Fed. R. Civ. P. 30(a)(2)(B).