Takechi v. Adame et al

Filing 38

ORDER GRANTING 37 Defendants' Request to Seal Documents signed by Magistrate Judge Dennis L. Beck on 2/3/2014. (Jessen, A)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10
11

JAMES TAKECHI,

12
13
14
15

Plaintiff,
vs.
G. ADAME, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

1:12cv00913 AWI DLB PC
ORDER GRANTING DEFENDANTS’
REQUEST TO SEAL DOCUMENTS
(Document 37)

16
17

Plaintiff James Takechi (“Plaintiff”), a state prisoner proceeding pro se and in forma

18

pauperis, filed this civil rights action in the Northern District of California on October 31, 2011.

19

The action was transferred to this Court and is proceeding on Plaintiff’s August 24, 2012, First

20
21
22

Amended Complaint against Correctional Officers G. Adame and J. Tyree.
Defendants filed a Motion for Summary Judgment on January 27, 2013. Along with their
motion, Defendants requested that the Court (1) seal the Declaration of G. Adame in support of

23

their Motion for Summary Judgment; (2) seal Exhibit A to the Declaration of G. Adame; and (3)
24
25
26
27

redact the confidential portions of the publicly filed copy of the Declaration of G. Adame.
Filings in cases such as this are a matter of public record absent compelling justification.
United States v. Stoterau, 524 F.3d 988, 1012 (9th Cir. 2008). The Court has reviewed the

28
1

1
2

documents and finds that the portions identified by Defendants are of a confidential nature and
could lead to safety issues for those implicated.

3

Accordingly, Defendants’ request is GRANTED. The Court ORDERS as follows:

4

The Declaration of G. Adame in Support of Defendants’ Motion for Summary

1.

5

Judgment AND Exhibit A to the Declaration of G. Adame (a confidential
6

memorandum, dated March 12, 2009, authored by Officer T. Turmezei) SHALL

7

BE SEALED for 75 years1 ; and

8

2.

9

Paragraphs 8, 15-21, 26 of the publicly filed copy of the Declaration of G. Adame
be REDACTED.2

10
11
12

IT IS SO ORDERED.
Dated:

13

February 3, 2014

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

14

D C_Si gnat ue EN :
EA
r- D

15

3b142a

16
17
18
19
20
21
22
23
24
25
26
1

27

Ordering that the documents be sealed for 75 years ensures that they stay sealed for Plaintiff’s lifetime and the
lifetimes of any other inmates named in the report.

28

2

It appears that Defendants have already filed a redacted version of the Declaration of G. Adame (ECF No. 34).
2