Cole v. Mauldin et al

Filing 52

ORDER GRANTING 51 Motion for Leave to Take Deposition from Annie Cole. Signed by Magistrate Judge Elizabeth A. Stafford. (MarW)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTICT OF MICHIGAN
SOUTHERN DIVISION
ANNIE COLE,
Plaintiff,
v.

Case No. 14-11325
Honorable Nancy G. Edmunds
Magistrate Judge Elizabeth A. Stafford

BENJAMIN MAULDIN, et al.,
Defendants.
__________________________________/
ORDER GRANTING DEFENDANT’S MOTION FOR
LEAVE TO TAKE THE DEPOSITION OF PLAINTIFF [R. 51]
Plaintiff Annie Cole, a state prisoner proceeding pro se, brought this
action pursuant to 42 U.S.C. § 1983 against Benjamin Mauldin, among
others. Cole’s First Amendment retaliation claim against Mauldin is the
only remaining claim. The Honorable Nancy G. Edmunds referred the case
to this Court to resolve all pretrial matters pursuant to 28 U.S.C. §
636(b)(1)(A) and (B). Before the Court is Mauldin’s motion for leave to take
the deposition of Cole on June 25, 2015 pursuant to Fed. R. Civ. P.
30(a)(2). [R. 51].
Under Rule 30(a)(2), a party must obtain leave of Court to depose a
person who is confined in prison, and the Court must grant such leave
when it is consistent with the scope and limits of discovery set forth in Rule

26(b)(2). Fed. R. Civ. P. 30(a)(2). The requirements of Rule 30(a)(2) are
satisfied. Cole is confined in prison, and Mauldin’s request to depose her is
consistent with Rule 26(b). Mauldin’s motion for leave to depose Cole [R.
51] is GRANTED.
IT IS ORDERED.
s/Elizabeth A. Stafford
ELIZABETH A. STAFFORD
United States Magistrate Judge
Dated: June 9, 2015
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). Unless ordered otherwise by the Court,
the filing of an appeal to the District Judge does not stay the parties’
obligations in this Order. See E.D. Mich. LR 72.2.
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 9, 2015.
s/Marlena Williams
MARLENA WILLIAMS
Case Manager
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