Hairston v. Milhouse et al

Filing 26

ORDER granting Defendants' 25 Motion to Take Deposition. Signed by Magistrate Judge Elizabeth A. Stafford. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ARDELL HAIRSTON,
Plaintiff,

Case No. 23-12434
Honorable Sean F. Cox
Magistrate Judge Elizabeth A. Stafford

v.
MILHOUSE, et al.,
Defendants.
ORDER GRANTING DEFENDANTS’ MOTION TO TAKE DEPOSITION
(ECF NO. 25)
Plaintiff Ardell Hairston, a prisoner under the Michigan Department of
Corrections’ (MDOC) jurisdiction, filed this pro se civil rights action under
42 U.S.C. § 1983, alleging that employees of the Wayne County Sheriff’s
Department violated his rights by performing an invasive body cavity
search. ECF No. 1. The Honorable Sean F. Cox referred the case to the
undersigned for all pretrial matters under 28 U.S.C. § 636(b)(1). ECF No.
10. Defendants now move for leave to depose Hairston under Federal
Rule of Civil Procedure 30(a)(2). ECF No. 25.
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. Hairston is
currently incarcerated at the Gus Harrison Correctional Facility, and
defendants’ request to depose him is consistent with Rule 26(b).
Defendants’ motion for leave to depose Hairston (ECF No. 25) is
GRANTED.
IT IS ORDERED.
s/Elizabeth A. Stafford
ELIZABETH A. STAFFORD
United States Magistrate Judge
Dated: August 30, 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.

CERTIFICATE OF SERVICE
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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 August 30, 2024.
s/Julie Owens
JULIE OWENS
Case Manager

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