Manning

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEX LAMOTA MARTI, No. 2:21-cv-01829 SCR P 12 Plaintiff, 13 v. ORDER 14 TODD MANNING, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 18 1983. There are several discovery motions pending before the court. For the reasons set forth 19 below, the undersigned resolves the motions as follows: 20 1. Plaintiff’s motion for reconsideration (ECF No. 103) is GRANTED IN PART and DENIED IN PART. The court reconsiders its prior order (ECF No. 90) as 21 to the relevancy of the unpreserved video footage to plaintiff’s claims. Pursuant to Federal Rule of Civil Procedure 37(e)(1), the court will allow plaintiff to 22 present evidence and questioning to the jury on defendants’ alleged failure to preserve the video footage. The motion is denied as to plaintiff’s request for case 23 dispositive and adverse inference sanctions under Rule 37(e)(2).

24 2. Plaintiff’s motion to modify the…