FLOOD v. SUPERVISOR TROOPER CHARLES SCHAEFER et al

Filing 221

MEMORANDUM ORDER - the Court finds that the Magistrate Judge's order is neither clearly erroneous nor contrary to law, see Fed.R.Civ.P. 72(a) and 28 U.S.C.§ 636(b) (1), and the appeal is denied. There is no need for a motion to preserve the evidence from the criminal trial: evidence filed with the Court remains with the Court. The motion at docket no. 218 is otherwise repetitive of previous motions. The motion to reconsider at docket no. 216 is denied as repetitive and meritless, and as more fully stated in said Memorandum Order Signed by Judge Kim R. Gibson on 2/10/2015. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KEVIN PATRICK FLOOD,
Plaintiff,
v.
TROOPER CHARLES SCHAEFER,
et al.,
Defendants

Case No. 3:06-cv-82-KRG-KAP

Memorandum Order
At docket no. 220, plaintiff Kevin Flood filed an appeal
from the order portion of the Order and Report and Recommendation
of

the

Magistrate

Judge

at

docket

no.

219

that

denied

the

plaintiff's motion at docket no. 218 styled "Plaintiff's Motion to
REQUESTING THE COURT TO PRESERVE AUDIO TAPE EVIDENCE FROM CRIMINAL
CASE

FOR

THIS

CIVIL

RIGHTS

CASE,u

and

objections

to

the

recommendation portion of the Order and Report and Recommendation
that recommended denial of the motion at docket no.
"Objections and Motion
dated

September

23,

for

2013

216 styled

Reconsideration to Memorandum Order

Under

Fed.R.Civ.P.

59(e),

from

Judge

Gibson.u
After de novo review of the record, including the Order
and Report and Recommendation at docket no.
objections at docket no. 220,
order

is

neither

Fed.R.Civ.P.
denied.

72(a)

clearly

219 and the timely

I find that the Magistrate Judge's

erroneous

and 28 U.S.C.§

nor

contrary

636(b) (1),

to

law,

see

and the appeal is

There is no need for a motion to preserve the evidence

from the criminal trial: evidence filed with the Court remains with

the Court.

The motion at docket no.

218 is otherwise repetitive

of previous motions.
The motion to reconsider at docket no. 216 is denied as
repetitive and meritless.

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Kevin P. Flood, Reg. No. 11130-068
F.C.I. Terminal Island
P.O. Box 3007
1299 Seaside Avenue
San Pedro, CA 90731

2