Walcotte v. Wicks

Full title: EDWARDO WALCOTTE TDCJ-CID #10048785 v. OFFICER WICKS

Court: United States District Court, S.D. Texas, Corpus Christi Division

Date published: Jan 22, 2009

C.A. NO. C-08-323 (S.D. Tex. Jan. 22, 2009)

Opinion

C.A. NO. C-08-323.

January 22, 2009

ORDER GRANTING MOTION TO DEPOSE PLAINTIFF

BRIAN OWSLEY, Magistrate Judge

Plaintiff is currently incarcerated at the Nueces County Jail in Corpus Christi, Texas. Proceeding pro se, he filed a civil rights action pursuant to 42 U.S.C. § 1983. (D.E. 1). Pending is defendant's motion for leave to depose plaintiff. (D.E. 28). Specifically, he seeks leave to depose plaintiff regarding his allegations that defendant used excessive force in handcuffing him.

The Federal Rules of Civil Procedure require that any party seeking to depose by written questions someone "confined in prison" must obtain leave of the court. Fed.R.Civ.P. 30(a)(2)(B); accord Whitehurst v. United States, 231 F.R.D. 500, 501 (S.D. Tex. 2005). Defendant's motion is motivated in part based on plaintiff's failure to respond to written discovery. (D.E. 28, at 1). Moreover, plaintiff would be hard pressed to object to his own deposition being taken in an action he has filed.

Accordingly, defendant's motion for leave to depose plaintiff, (D.E. 28), is hereby GRANTED.

ORDERED.