Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, Case No. 2:20-cv-1890-DC-JDP (P) Plaintiff, v. ORDER RALPH DIAZ, et al., Defendants. 16 Plaintiff, a state inmate proceeding pro se, has filed a motion requesting that the court order the preservation of a recorded interview. ECF No. 93. Plaintiff’s motion is denied because defendants already have a general duty to preserve evidence. See Ameripride Svcs., Inc. v. Valley Indus. Serv., Inc., No. CIV-S-00-113 LKK-JFM, 2006 WL 2308442, at *4 (E.D. Cal. Aug. 9, 2006) (citing National Ass’n of Radiation Survivors v. Turnage, 115 F.R.D. 543, 566-67 (N.D.Cal.1987)). If plaintiff has concerns regarding the preservation, he should send notices to preserve evidence defense counsel. See Picozzi v. Nevada, 2023 WL 11920185, at *2 (D. Nev. April 12, 2023). Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to preserve evidence, ECF No. 93, is denied. 27 28 1 1718 SO ORDERED. …