Opinion
Civil Action No. 05-cv-00427-WDM-MEH.
June 5, 2007
ORDER
Before the Court is Defendants' Unopposed Motion for Leave to Depose Plaintiff, a Confined Person in Prison [Docket #110]. Pursuant to Fed.R.Civ.P. 30(a)(2), leave of Court must be obtained if the person to be examined during the deposition is confined in prison. In this case, Plaintiff is incarcerated in Huerfano Correctional Center in Walsenberg, Colorado. Defendants have contacted Huerfano Correctional Center and have received approval to depose Plaintiff on the date requested.
Based upon a review of the record herein, the court finds that the discovery sought by the Defendants through Plaintiff's deposition is necessary and appropriate to the case. Therefore, cause has been shown for the granting of the motion and any limitations under Fed.R.Civ.P 26(b)(2) would not apply. Further, the ends of justice would be served by the scheduling of such a deposition at the earliest possible date.
Accordingly, Defendants' Unopposed Motion for Leave to Depose Plaintiff, a Confined Person in Prison [Filed June 1, 2007; Docket #110] is granted. The deposition is subject to the limitations of Rule 30(d) and further subject to all rules and regulations which Plaintiff's place of incarceration may impose in connection with its accommodation of the deposition.