Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

r _1
..%.513 ———`LODGED
, , ___RECEIVED
1 Timothy Lee Ward, 148256 `*"COPY
Arizona State Prison Complex- Florence F 1
2 South Unit EB 3 2008
P ' 4
ost Office Rox 8 00 CLERIKOU:Sp‘D,$ImQTGOURT
3 Florence, Arrzono 85232-8400 _ e1sTme1eFAHl£@NA
Plaintiff Pro—Per
5 IN THE UNITED STATES DISTRICT COURT
6 FOR THE DISTRICT OF ARIZONA
7
8 Timothy Lee Ward, ) Case No.: CIV-03-2159—PHX—ROS (JRI)
)
9 Plaintiff, )
)
10 vs. ) Motion for Leave to take Defendant
) Stewart’s Deposition/ Motion for
11 Sgt. Carr, Et.Al., ) Appointment of Court Reporter
)
12 Defendant )
)
13 ’
14 Comes now, the plaintiff, Timothy Lee Ward, pro-per, pursuant to Rules
15 26 (B) (2) and 30 (A) (2) of the Federal Rules of Civil Procedure, and hereby
16 requests this Honorable Court grant leave for the Plaintiff to take Defendant
17 Stewart’s Deposition.
18 On January 22, 2008, Defendant Stewart responded to Plaintiff’s Request
19 for Documents and Interrogatories. In Defendant Stewart’s response to an
20 Interrogatory concerning why Defendant Stewart allowed another inmate who was
21 found guilty of a major ticket for threats to staff, be returned to Rynning
22 Unit, yet Plaintiff was not allowed to return to the Unit after being cleared
23 by CIU, Defendant Stewart responded that he did not see the correlation
24 between the two instances. With the restrictions on interrogatories, and the
25 fact the Plaintiff is incarcerated, the answer provided no discoverable
material. Even the likelihood of discoverable evidence was almost nothing. ,
-l-
Case 2:03-cv—O2159-ROS-JRI Document 119 Filed O2/13/2008 Page1 012

. ,¤
¤ * . . . .
1 Yet there is a lot of information that will not be brought out through
2 interrogatories due to the restrictions and the answers given by Defendant
3 Stewart. If the Court wishes the Plaintiff could produce questions, in
4 camera, to the Court for its perusal.
5 Plaintiff is unable to afford the cost of taking a deposition. Yet he
6 is willing to pay the cost over time, just as he did with the filing fees of
7 this case, should the Court appoint a Court Reporter.
8 Wherefore, the Plaintiff requests this Honorable Court grant leave to
9 take Defendant Stewart's Deposition, and appoint a Court Reporter, at the
10 Plaintiff’s expense.
ll Respectfully submitted this [|71L' day of February, 2008
12 gi;
13
Timothy Lee Ward,
14 Plaintiff Pro-Per
15
16 Copies of the Foregoing mailed this ll day of February, 2008, to:
17 Office of the Clerk
United States District Court
18 401 West Washington Street, SPC-1
Phoenix, Arizona 85003-2118
19
Ms. Michele L. Forney, Attorney
20 Office of the Attorney General
1275 West Washington
2l Phoenix, Arizona 85007-2997
Attorneys for Defendants
22
23
24
25
-2-
Case 2:03-cv—O2159-ROS-JRI Document 119 Filed O2/13/2008 Page 2 of 2

Case 2:03-cv-02159-ROS-JRI

Document 119

Filed 02/13/2008

Page 1 of 2

Case 2:03-cv-02159-ROS-JRI

Document 119

Filed 02/13/2008

Page 2 of 2