Perry

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JOHN SCALIA, individually and as successor Case No.: 1:17-cv-1097- NONE - JLT in interest of Decedent Kimberly Morrissey- 12 Scalia, ORDER WITHDRAWING ORDER DENYING

PLAINTIFF’S MOTION FOR SANCTIONS DUE

13 Plaintiff, TO SPOLIATION (Doc. 98)

14 v.

FINDINGS AND RECOMMENDATION TO

15 COUNTY OF KERN, et al., DENY MOTION FOR SANCTIONS DUE TO SPOLIATION (Doc. 86) 16 Defendants.

ORDER DENYING EX PARTE APPLICATION

17 AS MOOT (Doc. 99) 18

19 The Court ordered the plaintiff’s motion for sanctions for spoliation to be denied. (Doc. 98) On 20 reflection, that order was issued in error and it is ordered WITHDRAWN1. 21 Kimberley Morrissey-Scalia died after falling from her bunk while a pre-trial detainee in the 22 custody of the County of Kern. The decedent’s husband, John Scalia, seeks to prosecute this action 23 against Rowena Blakely, the nurse who saw Ms. Morrissey-Scalia following her falls from the bunk. 24 (See generally Doc. 15) 25 Plaintiff seeks the imposition…