Lopez v. Florez et al

Filing 47

ORDER Denying Plaintiff's 46 Motion to Preserve Documents signed by Magistrate Judge Jennifer L. Thurston on 04/02/2012. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDREW R. LOPEZ,

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Case No. 1:08-cv-01975 LJO JLT (PC)

Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTION
TO PRESERVE DOCUMENTS

vs.
(Doc. 46)

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FLOREZ, et al.,

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Defendants.

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/

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On March 29, 2012, Plaintiff filed an Ex-Parte request for a “Freeze Order.” (Doc. 46). Plaintiff

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asks this Court to require California Department of Corrections and Rehabilitation (“CDCR”) officials

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to “suspend any routine purging and deletion practices, including records stored on its computers and

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to preserve the intact metadata.” (Doc. 46). Plaintiff claims that he filed his request ex-parte because

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he believed that evidence would be destroyed if he were required to give Defendants notice of his

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request. (Id.) Plaintiff claims that paper records are “routinely purged;” however, Plaintiff does not

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explain what evidence he wants preserved, what evidence believes will be destroyed nor how it might

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relate to his case against three members of the nursing staff at Corcoran State Prison. (Id.) Moreover,

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notably, the CDCR is not a party to this case.

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Additionally, Defendants here have yet to be served with Plaintiff’s First Amended Complaint.

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The Court, therefore, declines to entertain any requests for the preservation of alleged evidence at this

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time.

Thus, it is HEREBY ORDERED that Plaintiff’s March 29, 2012, motion to preserve evidence
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(Doc. 46) is DENIED.

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IT IS SO ORDERED.

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Dated: April 2, 2012
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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