Russell v. Houston et al

Filing 46

ORDER granting 44 Motion for Leave to depose Plaintiff, Patrick Ronald Russell, and a witness, Thomas Nesbitt, inmates in the custody of the Nebraska Department of Correctional Services. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)

- C R Z Russell v. Houston et al

D o c . 46

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA P A T R IC K RONALD RUSSELL, Plaintiff, v. R O B E R T HOUSTON, DENNIS B A K E W E L L , MELVIN ROUF, C U R T IS MOFFAT, MICHAEL E D IS O N , and MARK DANNER, D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) ) )

4 :0 9 C V 3 2 4 9

M E M O R A N D U M AND ORDER

T h is matter is before the court on the Defendants' Motion for Leave to Depose, (filing n o . 44). In their Motion, Defendants seek to depose Plaintiff, Patrick Ronald Russell, and a witness, Thomas Nesbitt, inmates in the custody of the Nebraska Department of C o rr e c tio n a l Services.

Federal Rule of Civil Procedure Rule 30(a)(2)(B) states that a party must obtain leave o f court to depose a person confined in prison. Leave shall be granted to the extent c o n s is te n t with the principles stated in Rule 26(b)(2). Fed.R.Civ.P. 30(a)(2). Defendants' M o tio n is granted, and the depositions may proceed at a time and place agreeable to the a d m in is tra tio n of the penal facilities where the inmates are housed.

IT IS THEREFORE ORDERED that Defendants' Motion for Leave to Depose (filing n o . 44) is granted. D A T E D this 3 r d day of November, 2010. B Y THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge

Dockets.Justia.com