Carbajal et al v. Morrissey et al

Filing 225

ORDER granting 223 Motion for Leave to Take Prisoner Deposition. By Magistrate Judge Kristen L. Mix on 7/2/2014.(klyon, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-03231-REB-KLM DEAN CARBAJAL Plaintiff, v. ANDREW KEEFER, in his individual capacity, Defendant. _____________________________________________________________________ ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendant’s Motion for Leave to Take Prisoner Deposition [#223] (the “Motion”). Defendant seeks an Order allowing him to conduct the deposition of Plaintiff, an incarcerated individual. Pursuant to Fed. R. Civ. P. 30(a)(2)(B), “[a] party must obtain leave of court . . . if the deponent is confined in prison.” Plaintiff Dean Carbajal, #110955, is presently incarcerated by the Colorado Department of Corrections at Arkansas Valley Correctional Facility, 12750 Highway 96 at Lane 13, Ordway, CO 81034. Accordingly, IT IS HEREBY ORDERED that the Motion [#223] is GRANTED. IT IS FURTHER ORDERED that Defendant may take Plaintiff’s deposition with regard to this litigation. IT IS FURTHER ORDERED that the deposition shall take place at Arkansas Valley Correctional Facility or, if Plaintiff is moved to a different correctional facility subsequent to -1- this Order, at Plaintiff’s new correctional facility. Dated: July 2, 2014 -2-

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