Jacobs v. Quinones et al
Filing
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ORDER Denying Motion For Ruling (Doc. 14 ), ORDER Denying Motion To Preserve Evidence (Doc. 15 ), signed by Magistrate Judge Jennifer L. Thurston on 6/20/2012. (Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GEORGE E. JACOBS,
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Plaintiff
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v.
A.C. QUINONES, et al.,
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Defendants.
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Case No.: 1:10-cv-02349 AWI JLT
ORDER DENYING MOTION FOR RULING
(Doc. 14.)
ORDER DENYING MOTION TO PRESERVE
EVIDENCE
(Doc. 15).
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Plaintiff George E. Jacobs IV (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Although Plaintiff’s complaint relates
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to incidents that occurred in 2007, Plaintiff did not file his initial complaint until December 2010.
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Presently before this Court are the following motions: 1) Plaintiffs’ motion for a ruling (Doc. 14) and
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2) Plaintiff’s motion to preserve evidence. (Doc. 15).
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1.
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Plaintiff urges this Court to screen his second amended complaint and “move the process
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along” because it is approaching five years from the date of the incident. (Doc. 14). The Court is
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well-aware of the need to screen his complaint. Thus, Plaintiff’s motion is unnecessary. To the extent
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Plaintiff seeks an expedited ruling or a ruling by a certain date, Plaintiff is advised that this Court has
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by far, the highest weighted caseload per judge in the entire country.
Motion for Ruling
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The Court cannot place
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Plaintiff’s case ahead of the numerous other cases that also need to be screened. Plaintiff’s operative
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complaint will be screened in due course.
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II.
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On June 19, 2012, Plaintiff filed a motion requesting the Court to order defendants to preserve
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all video tapes, data, log books, personnel records and other pertinent material evidence relating to his
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September 12, 2007 incident. (Doc. 15.) Plaintiff believes that such evidence will be destroyed,
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pursuant to retention policies, in September of this year. (Id.) The Court has yet to determine whether
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Plaintiff’s complaint states a cognizable claim and therefore has not yet ordered service of the
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complaint upon any defendant. Accordingly, at this early stage of the litigation, the Court declines to
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Motion to Preserve Evidence
entertain any requests for the preservation of alleged evidence.
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Conclusion
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Based upon the information set forth above IT IS ORDERED:
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a. That Plaintiff’s motion for a ruling is DENIED in so far as it requests an expedited
ruling or a ruling by a date certain; and
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b. That Plaintiff’s motion to preserve evidence is DENIED.
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IT IS SO ORDERED.
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Dated:
June 20, 2012
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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