Henry v. Mihm et al

Filing 73

ORDER granting Defendants' 72 Motion to Take Prisoner Depositions. Signed by Magistrate Judge Elizabeth A. Stafford. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ARNOLD HENRY,

v.

Case No. 22-12830
Plaintiff, Honorable Robert J. White
Magistrate Judge Elizabeth A. Stafford

K. MIHM, et al.,
Defendants.
ORDER GRANTING DEFENDANTS’ MOTION TO TAKE PRISONER
DEPOSITIONS (ECF NO. 72)

Plaintiff Arnold Henry brings this action under 42 U.S.C. § 1983
alleging that K. Mihm, Daniel Schaffer, and a John Doe correction officer
violated his rights under the Eighth and Fourteenth Amendments. ECF No.
1. The Honorable Robert J. White referred the case to the undersigned for
all pretrial matters under 28 U.S.C. § 636(b)(1). ECF No. 70. Defendants
move for leave to depose Henry and prisoner Emilio Gallardo under
Federal Rule of Civil Procedure 30(a)(2)(B). ECF No. 72.
Under Rule 30(a)(2), a party must obtain leave of the 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). The requirements of Rule 30(a)(2) are satisfied. Henry is
currently incarcerated at the Earnest C. Brooks Correctional Facility.
Gallardo has been identified by Henry as a witness. ECF No. 72-1,
PageID.429. Gallardo is currently incarcerated at the Carson City
Correctional Facility. Defendants request to depose Henry and Gallardo
aligns with Rule 26(b). Defendants motion for leave to depose Henry and
Gallardo is GRANTED, and defendants may depose them by video
conference, in person, or by telephone.
s/Elizabeth A. Stafford
ELIZABETH A. STAFFORD
United States Magistrate Judge
Dated: September 26, 2024

NOTICE TO PARTIES ABOUT OBJECTIONS
Within 14 days of being served with this order, any party may file
objections with the assigned district judge. Fed. R. Civ. P. 72(a). The
district judge may sustain an objection only if the order is clearly erroneous
or contrary to law. 28 U.S.C. § 636. “When an objection is filed to a
magistrate judge’s ruling on a non-dispositive motion, the ruling
remains in full force and effect unless and until it is stayed by the
magistrate judge or a district judge.” E.D. Mich. LR 72.2.
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CERTIFICATE OF SERVICE
The undersigned certifies that this document was served on counsel
of record and any unrepresented parties via the Court’s ECF System to
their email or First Class U.S. mail addresses disclosed on the Notice of
Electronic Filing on September 26, 2024.
s/Julie Owens
JULIE OWENS
Case Manager

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