Robinson v. Adams, et al.

Filing 247

ORDER GRANTING Defendants' Request to File Document Under Seal 245 , signed by Magistrate Judge Barbara A. McAuliffe on 2/6/15: Defendants' request to file OP 010 under seal is GRANTED; The document shall remain under seal until it is ordered unsealed by the Court; Defendants shall submit the document for filing under seal in accordance with Local Rule 141; Said document shall not be disclosed to Plaintiff or the general public. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE H. ROBINSON,

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Plaintiff,
v.
D. G. ADAMS, et al.,

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Defendants.

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Case No.: 1:08-cv-01380-AWI-BAM PC
ORDER GRANTING DEFENDANTS’ REQUEST
TO FILE DOCUMENT UNDER SEAL
(ECF No. 245)

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On February 2, 2015, Defendants filed a request to file Operations Procedure (OP) 010 under

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seal. Filings in cases such as this are a matter of public record absent compelling justification. United

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States v. Stoterau, 524 F.3d 988, 1012 (9th Cir. 2008). The Court has conducted an in camera review

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of the document to determine if the information is of a nature that clearly would require the court to

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maintain confidentiality. The Court finds that the document contains confidential cell extraction

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procedures that, if known to inmates or the general public, including Plaintiff, would endanger the

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lives of other inmates and jeopardize the security of the institution. This is a compelling justification

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for sealing.

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Although defendants have requested that the document remain under seal for seventy-five

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years, it is the practice of this Court to maintain case documents under seal for an undetermined time

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period, until they are ordered unsealed by the Court. Accordingly, the Court shall grant Defendants’

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request for an order to file OP 010 under seal. The document shall remain under seal until it is ordered

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unsealed by the Court. Defendants are required to submit the document for filing under seal in

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accordance with Local Rule 141. The document shall not be served on Plaintiff.
Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

Defendants’ request to file OP 010 under seal is GRANTED;

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2.

The document shall remain under seal until it is ordered unsealed by the Court;

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3.

Defendants shall submit the document for filing under seal in accordance with Local Rule 141;

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and

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4.

This document shall not be disclosed to Plaintiff or the general public.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 6, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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