Lucero v. Mesa County Sheriff's Office

Full title: FRED RAYNEL LUCERO, Plaintiff, v. THE MESA COUNTY SHERIFF'S OFFICE, et…

Court: United States District Court, D. Colorado

Date published: Apr 2, 2007

Civil Action No. 06-cv-01467-WDM-CBS (D. Colo. Apr. 2, 2007)

Opinion

Civil Action No. 06-cv-01467-WDM-CBS.

April 2, 2007

ORDER

CRAIG SHAFFER, Magistrate Judge

This civil action comes before the court on Defendants' "Motion to Depose Incarcerated Persons" (filed March 23, 2007) (doc. # 71). Pursuant to the Order of Reference dated October 5, 2006 (doc. # 13) and the memoranda dated March 26, 2007 (doc. # 75) and March 27, 2007 (doc. # 76), this matter was referred to the Magistrate Judge. The court has reviewed the matter, the entire case file and the applicable law and is sufficiently advised in the premises.

Defendants move under Fed.R.Civ.P. 30(a)(2) to depose three incarcerated witnesses. Mr. Lucero has indicated that "he is opposed to these depositions, but has agreed to cooperate in the scheduling of the depositions." ( See Motion at p. 1). Defendants are entitled to take the testimony of witnesses by deposition. Fed.R.Civ.P. 30(a)(1). Accordingly,

IT IS ORDERED that:

1. Defendants' "Motion to Depose Incarcerated Persons" (filed March 23, 2007) (doc. # 71) is GRANTED.

2. Defendants may depose witnesses Paul Inman, Donald Roderick, and William S. Wright at the facilities where they are incarcerated.