Skalicky v. Braun et al

Filing 20

ORDER (amended) denying 8 MOTION for Order of Seizure of Person or Property. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Thomas Alan Skalicky,
Plaintiff,
vs.
Kolby Braun, Troy Schutz, and Lean
Lean Bersearch,
Defendants.

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ORDER (AMENDED)

Case No. 1:12-cv-061

Plaintiff is an inmate at the Missouri River Correctional Center. He initiated the above-entitled
action in May 2012, asserting, inter alia, that the MRCC law library's computer was inadequate and out
of date. On June 5, 2012, plaintiff filed a document captioned "Motion for Order of Seizure of Person or
Property Under Federal Rules of Civil Procedure." Citing Fed. R. Civ. P. 64, he seeks an order from the
court prohibiting defendants from replacing or altering the current law library computer.
Fed. R. Civ. P. 64(a) "provides for seizing a person or property to secure satisfaction of the
potential judgment." Here, it does not appear that the motivation for plaintiff's motion was to secure
satisfaction of a potential judgment. Rather, he presumably wants to preserve what he considers to be
crucial evidence.
The court finds no basis for seizing the law library computer at this time. There is nothing in
plaintiff's submissions to create any concern about the integrity of or threat to any evidence. Absent any
threat to the continuing integrity or existence of the evidence, a preservation order is superfluous.
Plaintiff's motion (Docket No. 8) is therefore DENIED.
IT IS SO ORDERED.
Dated this 12th day of June, 2012.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr.
United States Magistrate Judge