McClintock v. Cooper et al

Filing 44

ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2020 DENYING plaintiff's 36 motion for preservation of evidence. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN McCLINTOCK,

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Plaintiff,

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No. 2: 18-cv-0560 JAM KJN P

v.

ORDER

T. COOPER, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s “motion for preservation of evidence

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from spoilage.” (ECF No. 36.) For the reasons stated herein, plaintiff’s motion for preservation

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of evidence is denied.
Plaintiff alleges that he received responses to discovery requests from defendants that

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were evasive, such as “I don’t not recall.” Based on these responses, plaintiff contends that it is

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reasonable to infer that defendants will actively participate in the destruction of evidence that

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could be used to refresh their memories. Plaintiff requests that the court order the Office of the

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Attorney General to ensure that no evidence is destroyed.

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Defendants’ alleged responses do not suggest that defendants intend to destroy relevant

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evidence. Plaintiff’s claim that defendants intend to destroy relevant evidence is unsupported.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the preservation of

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evidence (ECF No. 36) is denied.

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Dated: March 31, 2020

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Mccl560.evi
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