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)

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?