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Potter v. Balicki

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


August 12, 2008

CAMDEN VICINAGE ERIC POTTER, PLAINTIFF,
v.
KAREN BALICKI, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Joel Schneider United States Magistrate Judge

[Doc. No. 29]

ORDER

This matter is before the Court on the Motion to Depose a State Inmate [Doc. No. 29] filed by Keith S. Massey, Jr., Esquire, on behalf of the New Jersey Office of the Attorney General, counsel for Defendant, Karen Balicki; and Defendant seeking to depose Plaintiff, Eric Potter; and Defendant arguing that Plaintiff is currently incarcerated in Northern State Prison; and Defendant further arguing that Plaintiff's deposition testimony is necessary to Defendant's defense of this matter; and Plaintiff not filing opposition to Defendant's Motion; and

The Court finding that pursuant to Fed. R. Civ. P. 30(a)(2)(B), a party must obtain leave of court to depose any person confined to prison at the time of the deposition; and the Court further finding that Plaintiff's deposition is relevant to this case and Defendant is entitled to his deposition to prepare her defense of this case; and for good cause shown

IT IS on this 12th day of August 2008 hereby

ORDERED that Defendant's Motion to Depose a State Inmate is GRANTED; and it is further

ORDERED that the deposition of Plaintiff, Eric Potter, shall take place at a date and time convenient to the parties and the Superintendent of Northern State Prison, and at a location designated by the Superintendent; and it is further

ORDERED that Plaintiff shall be notified of the date and time of the scheduled deposition as soon as is reasonably possible.

20080812

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