Decoteau v. Houston et al

Filing 50

MEMORANDUM AND ORDER - The defendants' Motion for Leave to Take Deposition 48 is granted. The deposition will occur at a date and time agreeable to the penal facility where the plaintiff is housed. The location of the deposition will be a pl ace agreeable to the administration of that penal facility. The plaintiff is ordered to attend the deposition as scheduled, and must cooperate fully with the deposition process to the extent required by law. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHRISTOPHER L. DECOTEAU,

)
)
Plaintiff,
)
)
v.
)
)
ROBERT HOUSTON, MICHAEL
)
KENNEY, Director, RANDY KOHL, )
Medical Director, DIANE SABAKA )
RHINE, Warden, CHRISTINA
)
FERGUSON, Doctor, CHARLES
)
COREN, Eye Clinic, and
)
KHRYSTYNA DORITY,
)
)
Defendants.
)

4:14CV3165

MEMORANDUM
AND ORDER

This matter is before the court on the defendants’ Motion for Leave to Take
Deposition of the Plaintiff (Filing No. 48). The plaintiff is currently incarcerated at
the Tecumseh State Prison in Tecumseh, Nebraska.
Rule 30(a)(2)(b) of the Federal Rules of Civil Procedure states that a party must
obtain leave of the court to depose a person confined in prison. The defendants
request the deposition for the purpose of discovery. The plaintiff did not oppose the
motion, and it appears the deposition is consistent with Rule 26(b)(2) of the Federal
Rules of Civil Procedure.
IT IS ORDERED that:
1.
The defendants’ Motion for Leave to Take Deposition (Filing No. 48) is
granted. The deposition will occur at a date and time agreeable to the penal facility
where the plaintiff is housed. The location of the deposition will be a place agreeable
to the administration of that penal facility.

2.
The plaintiff is ordered to attend the deposition as scheduled, and must
cooperate fully with the deposition process to the extent required by law.
DATED this 12th day of January, 2016.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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