Richard S. Kindred v. Allenby et al

Filing 54

ORDER GRANTING MOTION FOR AN ORDER OF PROTECTION. IT IS ORDERED THAT: 1. Plaintiff's amended motion for protective order (ECF No. 49 ) is granted. 2. Defendants and any other individual with possession, custody, or control over the ceremonial ribbon shirt, ceremonial deer skin trousers, and spiritual blanket seized from Plaintiff shall maintain and preserve these items until this litigation is concluded. Order signed by Magistrate Judge Erica P. Grosjean on 9/28/2020. (Apodaca, P)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RICHARD SCOTT KINDRED,

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Plaintiff,

Case No. 1:18-cv-00554-DAD-EPG
ORDER GRANTING MOTION FOR AN
ORDER OF PROTECTION

v.

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(ECF No. 49)
BRANDON PRICE, et al.,

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Defendants.

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Plaintiff, Richard Scott Kindred, a civil detainee at the Coalinga State Hospital, is

19 proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983.
20 Before the Court is Plaintiff’s amended motion for an order of protection (ECF No. 49.) The Court
21 held a telephonic hearing on the motion on September 28, 2020. (ECF No. 53.) As discussed during
22 the hearing, the Court will grant the motion.
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Plaintiff seeks a protective order requiring Defendants to preserve evidence. At issue are

24 four items that were seized from Plaintiff and are at issue in this lawsuit: an altar, a ceremonial
25 ribbon shirt, ceremonial deer skin trousers, and a spiritual blanket. As discussed during the hearing,
26 the altar has apparently been destroyed. Defendants’ counsel has represented that the other three
27 items – the ceremonial ribbon shirt, ceremonial deer skin trousers, and spiritual blanket – are being
28 held in the property room at Coalinga and are under a litigation hold.

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For the reasons described on the record, the Court finds good cause for and will accordingly

2 grant the requested protective order. Accordingly,
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IT IS ORDERED THAT:

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1. Plaintiff’s amended motion for protective order (ECF No. 49) is granted.

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2. Defendants and any other individual with possession, custody, or control over the

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ceremonial ribbon shirt, ceremonial deer skin trousers, and spiritual blanket seized from

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Plaintiff shall maintain and preserve these items until this litigation is concluded.

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Dated:

September 28, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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