Wilkins v. Alameda County Sheriff's Office et al

Northern District of California, cand-4:2015-cv-01706

Order by Magistrate Judge Nandor J. Vadas denying {{79}} Motion regarding custody of exhibit.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 RUDY WILKINS, 8 Case No. 15-cv-01706-YGR (NJV) Plaintiff, 9 ORDER DENYING PLAINTIFF'S v. MOTION RE EXHIBIT 10 ALAMEDA COUNTY SHERIFF'S Re: Dkt. No. 79 11 OFFICE, et al., 12 Defendants. Northern District of California United States District Court 13 14 On January 27, 2017, Plaintiff filed a motion requesting that the court be the custodian of 15 an exhibit he intends to use for trial in this matter. (Doc. 79.) Plaintiff states that he has submitted 16 the exhibit to the court because it is one of the key exhibits in this case, the officers on his unit 17 would not allow him to keep the exhibit, and there was no other place he could send the exhibit 18 and be sure that it would be protected and not be lost. 19 The court is not and cannot be the repository for exhibits parties intend to use in trials in 20 this court. It is the parties' responsibility to retain their own exhibits, and this responsibility cannot 21 be shifted to the court. 22 Accordingly, Plaintiff's Motion is HEREBY DENIED. The Clerk is directed to return 23 Plaintiff's exhibit to him forthwith. 24 25 IT IS SO ORDERED. 26 Dated: June 15, 2107 27 ______________________________________ NANDOR J. VADAS 28 United States Magistrate Judge