Bryant v. Romero et al

Filing 21

ORDER Denying Plaintiff's Motion For Court Order Directing Defendants To Preserve Records (ECF No. 17 ), signed by Magistrate Judge Dennis L. Beck on 1/21/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN D. BRYANT,

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Plaintiff,

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vs.
CONSTANCE WADDLE, et al.,

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Defendants.

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1:12-cv-02074 DLB PC
ORDER DENYING PLAINTIFF’S MOTION
FOR COURT ORDER DIRECTING
DEFENDANTS TO PRESERVE RECORDS
[ECF No. 17]

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Plaintiff Kevin D. Bryant (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action. Plaintiff filed this action on December 26, 2012.1 He names

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Correctional Lieutenant Constance Waddle and Correctional Officer E. Castellanos as

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Defendants.

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On July 24, 2014, Plaintiff filed a motion for a court order directing Defendants and the
CDCR to preserve all records of all the investigations into the June 8, 2010, assault which is the

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subject of this litigation.
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“Litigants owe an uncompromising duty to preserve what they know or reasonably

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should know will be relevant evidence in a pending lawsuit, or one in the offing . . . .” Judge
William W. Schwarzer, et al., Federal Civil Procedure Before Trial § 11:125 (2004) (internal
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On March 18, 2013, Plaintiff consented to the jurisdiction of the United States Magistrate Judge.
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quotations and citations omitted). Further, the destruction of evidence is sanctionable conduct.
Given the duty to preserve evidence and the absence of any authority set forth by Plaintiff in his
motion, Plaintiff’s motion is denied. The court declines to presume that Defendants will destroy
evidence and Plaintiff has provided no evidence that the records and evidence are in danger of

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being destroyed.
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Accordingly, Plaintiff’s motion seeking a court order prohibiting Defendants from
destroying evidence, filed July 24, 2014, is HEREBY DENIED.
IT IS SO ORDERED.

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Dated:

/s/ Dennis

January 21, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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