Flemming v. Parker et al

Filing 52

ORDER granting 51 Motion for Discovery to take Depositions of Incarcerated Persons. Signed by Magistrate Judge Thomas E Rogers, III on 01/27/2016.(dsto, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
James Michael Flemming, #229516,
Plaintiff,
v.
Sgt. Clinton Parker, III; Officer Keith
Wallace; and Warden Bernard McKie, in
the official and individual capacity,
Defendants.
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Civil Action Number:
4:14-cv-03236-TMC-TER

ORDER GRANTING LEAVE TO DEPOSE
INCARCERATED PERSONS

This matter comes before the Court upon motion of Defendants Sgt. Clinton Parker, III,
and Officer Keith Wallace. The Plaintiff, James Michael Flemming, has named witnesses—
Matthew Jennings Eargle (00298691) and Elvis Autry (00326946)--who are currently in the
custody of the South Carolina Department of Corrections, and the Defendants wish to depose
them. However, since the witnesses are incarcerated, Rule 30(a)(2)(B) of the Federal Rules of
Civil Procedure requires leave of court for same to be taken.

All parties consent to the

deposition.
Therefore, Defendant’s Motion (Document # 51) is GRANTED.
IT IS ORDERED that the South Carolina Department of Corrections make inmates who
are Plaintiff’s witnesses--Matthew Jennings Eargle (00298691) and Elvis Autry (00326946)-available to be deposed at a date, time and location convenient to the parties and to SCDC. All
normal SCDC security procedures required for Mr. Eargle and Mr. Autry shall be used during
the deposition. A copy of this order shall be served upon SCDC.
s/Thomas E. Rogers, III
Thomas E. Rogers
United States Magistrate Judge
Florence, South Carolina
January 27, 2016