Free Motion for Leave - District Court of Colorado - Colorado

Case 1:01-cv-02299-PSF-BNB

Document 214

Filed 07/15/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-CV-2299-EWN-BNB F. DAVID SLUSHER, Plaintiff, v. JOHN W. SUTHERS, et al Defendants.

MOTION FOR LEAVE OF COURT TO DEPOSE PRISONER PLAINTIFF SLUSHER

Comes Now, Defendants, by and through their attorney, Edward T. Farry, Jr., of FARRY and RECTOR, LLP, and hereby move for leave of court to depose plaintiff F. David Slusher, an inmate at Fremont Correctional Facility, in compliance with Fed. R. Civ. P. 30(a)(2). 1. Plaintiff is confined in prison, and the defendants are prison officials. Fed. R.

Civ. P. 30(a)(2) requires leave of court if the person to be examined is confined in prison. 2. CERTIFICATION: The parties discussed the second deposition of prisoner

plaintiff during the Status Conference on May 4, 2005, where the undersigned stated the need to re-depose the plaintiff on his new claims following submission of plaintiff's amended complaint. WHEREFORE, Defendants respectfully request that this Court grant this motion, and order the Deposition of F. David Slusher. Respectfully submitted this July 15, 2005.

FARRY and RECTOR, L.L.P.

Case 1:01-cv-02299-PSF-BNB

Document 214

Filed 07/15/2005

Page 2 of 2

Edward T. Farry Edward T. Farry, Jr. #8273 Attorney for State Defendants 131 South Weber Street Colorado Springs, CO 80903 Phone Number (719) 578-2000 Facsimile Number (719) 578-1794

.

Original copy signed by Edward T. Farry is on file with Farry and Rector, L.L.P.

CERTIFICATE OF SERVICE I hereby certify that on this 15th day of July, 2005, a true and correct copy of the foregoing was electronically filed with the Clerk of Court using CM/ECF system, which will send notification to the following, and served on each of the following at the indicated address by first class U.S. mail, postage prepaid: F. David Slusher DOC #44260 Fremont Correctional Facility P.O. Box 999 Canon City, CO 81215 Kelly R. Moss . Original Copy signed by Kelly R. Moss is on file with Farry and Rector, L.L.P.