Searcy et al v. Macomb County Jail et al

Filing 273

ORDER GRANTING 271 Motion to Take Deposition from Lavelle Searcy. Signed by Magistrate Judge Elizabeth A. Stafford. (MarW)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTICT OF MICHIGAN
SOUTHERN DIVISION
LAVELLE SEARCY, et al.,
Plaintiffs,
v.

Civil Action No.: 10-11242
Honorable Denise Page Hood
Magistrate Judge Elizabeth A. Stafford

MACOMB COUNTY JAIL,
et al.,
Defendants.
__________________________________/
ORDER GRANTING MOTION TO TAKE DEPOSITION [R. 271]
This matter is before the court on defendant Macomb County’s
motion to take the deposition of plaintiff LaVelle Searcy [R, 271]. Searcy,
an inmate housed at the Central Michigan Correctional Facility, brings this
action under 42 U.S.C. § 1983, claiming a violation of his rights under the
United States Constitution [R. 149]. As part of discovery, Macomb County
moves under Federal Rule of Civil Procedure 30(a)(2) for permission to
arrange a date with the Michigan Department of Corrections to depose
Searcy, and Searcy has not filed an objection.
Rule 30(a)(2) states that a party must seek leave of the court to
depose a person “confined in prison.” “Generally, this court grants leave
for such depositions freely, as long as the deposition can be conducted
without undue imposition on prison authorities.” El Camino Resources, Ltd.

v. Huntington Nat'l Bank, No. 07-598, 2009 U.S. Dist. LEXIS 36704, 2009
WL 1228680, at *1 (W.D. Mich. Apr. 30, 2009). Thus, the court GRANTS
Macomb County’s motion to take Searcy’s deposition at a date and time
that is convenient to the Central Michigan Correctional Facility. [R. 271].
IT IS SO ORDERED.
Dated: June 1, 2015
Detroit, Michigan

s/Elizabeth A. Stafford
ELIZABETH A. STAFFORD
United States Magistrate Judge

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NOTICE TO THE PARTIES REGARDING OBJECTIONS
The parties’ attention is drawn to Fed. R. Civ. P. 72(a), which
provides a period of fourteen (14) days from the date of receipt of a copy of
this order within which to file objections for consideration by the district
judge under 28 U.S. C. §636(b)(1).

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s ECF
System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on June 1, 2015.
s/Marlena Williams
MARLENA WILLIAMS
Case Manager

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