Spence v. Stambaugh et al

Filing 115

ORDER signed by Magistrate Judge Allison Claire on 10/28/19 GRANTING 114 Request, construed in pertinent part as a motion for duplicate discovery. Defense counsel shall, within fourteen (14) days after the filing date of this order: (a) provide plaintiff with a duplicate copy of his relevant booking video, and (b) file and serve a statement so informing the court. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERALD SPENCE,

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No. 2:14-cv-1170 WBS AC P

Plaintiff,

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v.

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ORDER

STAMBAUGH, et al.,

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Defendants.

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Plaintiff’s “request” filed September 26, 2019 is construed in part as a motion for

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discovery. Plaintiff states in pertinent part that he requires a duplicate video of his booking by

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Sacramento officials, which defendants previously produced to plaintiff in discovery.1 As stated

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in the April 18, 2019 declaration of defense counsel Megan E. Nevin, “The incident involving

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Plaintiff was . . . taped by the surveillance cameras in the booking area of the jail. This footage

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has been produced to Plaintiff.” ECF No. 78-1 at 2, ¶ 6. Plaintiff now explains that the video he

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previously obtained was lost by officials of the California Department of Corrections and

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Rehabilitation when plaintiff was temporarily transferred among institutions to attend a settlement

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conference in this case which was abruptly cancelled.

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  There is no judicial recourse for plaintiff’s pursuit of the loss of his personal items. See
Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam). 

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request filed September 26, 2019, ECF No. 114, construed in pertinent part

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as a motion for duplicate discovery, is granted.
2. Defense counsel shall, within fourteen (14) days after the filing date of this order:

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(a) provide plaintiff with a duplicate copy of his relevant booking video, and (b) file and serve a

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statement so informing the court.

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DATED: October 28, 2019

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