Ahad v. Polley et al

Filing 19

ORDER that 16 Defendants' Motion for Leave to Take Deposition of an Incarcerated Person is GRANTED. Signed by Magistrate Judge Cam Ferenbach on 8/8/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JIHAD MAJID AHAD,
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Plaintiff,
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vs.
BONNIE POLLEY, et al.,

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2:16-cv-01791-JCM-VCF
ORDER

Defendants.

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Before the Court is the Defendants’ Motion for Leave to Take the Deposition of Jihad Majid Ahad,

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an Incarcerated Person (ECF No. 16), filed on July 18, 2017.

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Defendants request leave to take Plaintiff’s deposition, who is currently incarcerated at Warm

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Springs Correctional Center located in Carson City, Nevada, pursuant to Rule 30(a)(2)(B) of the Federal

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Rules of Civil Procedure. Rule 30(a)(2) requires a party to seek leave of court to depose an incarcerated

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individual. The Court finds that Defendants have established good cause to grant its motion.

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To date, no opposition has been filed and the time to file an opposition has passed. Under LR 7-

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2(d), the failure of an opposing party to file points and authorities in response to any motion, except a

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motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a consent to the granting of

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the motion. Here, it would seem that Plaintiff has consented to the granting of the instant motion.

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Accordingly,

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IT IS HEREBY ORDERED that Defendants’ Motion for Leave to Take Deposition of an

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Incarcerated Person (ECF No. 16) is GRANTED.
DATED this 8th day of August, 2017.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE