Clark v. Gross et al

Filing 27

ORDER granting 26 Motion for Leave to take plaintiff's deposition. Signed by US Magistrate Judge Veronica L. Duffy on 09/21/2015. (Duffy, Veronica)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
JONATHAN D. CLARK SR.,
Plaintiff,
vs.
JOHN GROSS, POLICE OFFICER AT
MINNEHAHA POLICE STATION, IN HIS
INDIVIDUAL AND OFFICIAL
CAPACITY; CRYSTAL JOHNSON,
STATES ATTORNEY AT MINNEHAHA
COURTHOUSE, IN HER INDIVIDUAL
AND OFFICIAL CAPACITY; ERIC
DOPPENBERG, CORRECTION
OFFICER AT MINNEHAHA COUNTY
JAIL, IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY; AND JUDGE
BRAD ZELL, JUDGE AT MINNEHAHA
COURTHOUSE, IN HIS INDIVIDUAL
AND OFFICIAL CAPACITY;

4:15-CV-04068-KES
ORDER GRANTING PERMISSION TO
TAKE PLAINTIFF CLARK’S
DEPOSITION
[DOCKET NO. 26]

Defendants.

This matter is before the court on a complaint filed by Jonathan D. Clark
Sr. representing himself pro se, alleging claims under 42 U.S.C. ' 1983. See
Docket No. 1. Mr. Clark is currently living at the Mike Durfee State Prison at
Springfield, South Dakota. Id. The district court, the Honorable Lawrence L.
Piersol, referred this case to this magistrate judge for management of pretrial
motions, either through issuance of an order or a report and recommendation.
See 28 U.S.C. ' 636(b)(1)(A) and (B).
Defendants have filed a motion for leave of the court to depose plaintiff.
See Docket No. 26. Under Federal Rule of Civil Procedure 30(a)(2)(B), leave of

the court is required in order to conduct a deposition of one who is confined in
prison. See Fed. R. Civ. P. 30(a)(2)(B). Defendants allege by affidavit that it is
necessary to depose plaintiff as he is in possession of the relevant and material
facts of his claims. See Docket No. 26. Good cause appearing, it is hereby
ORDERED that defendants’ motion for leave to depose Jonathan D.
Clark Sr. at the Mike Durfee State Prison [Docket No. 26] is GRANTED.
Defendants shall arrange for a date and time for the deposition that is mutually
agreeable to both plaintiff and prison officials.
Dated September 21, 2015.
BY THE COURT:
/s/

Veronica L. Duffy

VERONICA L. DUFFY
UNITED STATES MAGISTRATE JUDGE

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