Kilbourne v. Washington et al

Filing 27

ORDER granting Defendants' 26 Motion to Take Deposition. Signed by Magistrate Judge Elizabeth A. Stafford. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RICHARD BRENT KILBOURN,
Plaintiff,
v.

Case No. 23-13008
Honorable F. Kay Behm
Magistrate Judge Elizabeth A. Stafford

HEIDI E. WASHINGTON, et al.,
Defendants.
ORDER GRANTING DEFENDANTS’ MOTION TO TAKE DEPOSITION
[ECF NO. 26]
Plaintiff Richard Brent Kilbourn, a prisoner proceeding pro se and in
forma pauperis, sues Michigan Department of Corrections (MDOC)
employees under 42 U.S.C. § 1983. ECF No. 1. The Honorable F. Kay
Behm referred the case to the undersigned for all pretrial matters under 28
U.S.C. § 636(b)(1). ECF No. 12. The MDOC defendants now move for
leave to depose Kilbourn under Federal Rule of Civil Procedure 30(a)(2).
ECF No. 26.
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. Kilbourn is

currently incarcerated at the G. Robert Cotton Correctional Facility, and
defendants’ request to depose him is consistent with Rule 26(b).
Defendants’ motion for leave to depose Kilbourn (ECF No. 26) is
GRANTED.
IT IS ORDERED.
s/Elizabeth A. Stafford
ELIZABETH A. STAFFORD
United States Magistrate Judge

Dated: August 28, 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
The undersigned certifies that this document was served on counsel
of record and any unrepresented parties via the Court’s ECF System to
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their email or First Class U.S. mail addresses disclosed on the Notice of
Electronic Filing on August 28, 2024.
s/Julie Owens
JULIE OWENS
Case Manager

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