Estrada v. Tassey et al

Filing 115

ORDER GRANTING 114 Motion to Seal, Motion to Compel, signed by Magistrate Judge Dennis L. Beck on 11/20/14. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ESTRADA, 12 Plaintiff, 13 v. 14 GIPSON, et al., 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 ) ) ) ) ) ) ) ) ) ) Case No.: 1:13cv00919 DLB (PC) ORDER GRANTING PLAINTIFF’S REQUEST TO SEAL DOCUMENT (Document 114) Plaintiff David Estrada (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action. Plaintiff filed his First Amended Complaint on August 7, 2013. Pursuant to the Court’s screening order and Plaintiff’s notice of willingness to proceed on the cognizable claims, this action is proceeding against (1) Defendants Gipson and Espinosa for retaliation in violation of the First Amendment; and (2) Defendants Gipson, Espinosa, Lambert and Cavazos for violation of the Eighth Amendment. The action is currently in discovery. On November 14, 2014, Plaintiff filed a request that his motion to compel be filed under seal. 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). In this action, the original complaint 27 28 1 1 2 3 4 5 and the First Amended Complaint are sealed. Numerous additional filings that set forth allegations in the First Amended Complaint and/or contain names of specific inmates have also been sealed. Plaintiff’s motion to compel seeks information related to his allegations in the First Amended Complaint. Out of an abundance of caution, the Court GRANTS Plaintiff’s request and ORDERS that the motion to compel be filed under seal. 6 7 8 9 10 IT IS SO ORDERED. Dated: /s/ Dennis November 20, 2014 L. Beck UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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