Estrada v. Tassey et al

Filing 181

ORDER GRANTING 180 Motion to Seal Opposition to Motion for Summary Judgment, signed by Magistrate Judge Dennis L. Beck on 03/17/2015. (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 OPPOSITION TO MOTION FOR SUMMARY JUDGMENT (Document 180) 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 First Amended Complaint is sealed. Discovery closed on December 15, 2014. Defendants’ February 13, 2015, motion for summary judgment is pending. The motion is sealed. On March 13, 2015, Plaintiff filed a request to seal his opposition to the motion for summary judgment. 27 28 1 1 2 3 4 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). As Defendants’ motion is filed under seal, the Court finds justification to seal the opposition. Accordingly, Plaintiff’s motion is GRANTED. 5 6 7 8 IT IS SO ORDERED. Dated: /s/ Dennis March 17, 2015 L. Beck UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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