Estrada v. Tassey et al

Filing 123

ORDER Denying Plaintiff's Request to Seal Document 121 , signed by Magistrate Judge Dennis L. Beck on 12/1/14. (Gonzalez, R)

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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 27 ) ) ) ) ) ) ) ) ) ) Case No.: 1:13cv00919 DLB (PC) ORDER DENYING PLAINTIFF’S REQUEST TO SEAL DOCUMENT (Document 121) 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 20, 2014, Plaintiff filed a request that his motion to compel Defendants Gipson and Cavazos to provide further responses to interrogatories 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 28 1 1 2 3 4 5 6 7 8 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. The Court has reviewed the motion to compel and finds that it does not contain specific, sensitive information that would warrant sealing. Accordingly, his request is DENIED. The Court notes that Plaintiff also submitted a motion to compel related to other parties, and in the caption, he requests that the document be filed under seal. Plaintiff did not, however, submit a motion to seal the document. In any event, the Court has reviewed the motion and it does not warrant sealing. 9 10 11 12 13 IT IS SO ORDERED. Dated: /s/ Dennis December 1, 2014 L. Beck UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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