Estrada v. Macias et al

Filing 39

ORDER GRANTING 32 Plaintiff's Motion to Seal Exhibits A, B and C, Lodged by the Court on May 2, 2016, and Directing Clerk of Court to File Exhibits Under Seal signed by Magistrate Judge Stanley A. Boone on 5/24/2016. (Jessen, A)

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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 14 v. TERESA MACIS, et al., 15 Defendants. 16 19 Case No.: 1:15-cv-001292-SAB (PC) ORDER GRANTING PLAINTIFF’S MOTION TO SEAL EXHIBITS A, B AND C, LODGED BY THE COURT ON MAY 2, 2016 AND DIRECTING CLERK OF COURT TO FILE EXHIBITS UNDER SEAL [ECF Nos. 32, 33] Plaintiff David Estrada is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 17 18 ) ) ) ) ) ) ) ) ) ) 1983. On May 2, 2016, Plaintiff filed a motion to seal the exhibits submitted in support of his 20 opposition to Defendants’ motion for judgment on the pleadings. (ECF No. 32.) Plaintiff contends 21 that the health care inmate appeals are part of an internal affairs investigation and the disclosure of the 22 information would jeopardize institutional safety. On May 23, 2016, Defendants submitted a 23 statement of non-opposition to Plaintiff’s motion to seal Exhibits A, B and C. Pursuant to Local Rule 24 141(c), Defendants submitted their statement of non-opposition directly to the Court via email and 25 such statement is not filed on the Court’s docket. 26 Local Rule 141.1(a)(1) states that “[a]ll information provided to the Court in a specific action 27 is presumptively public, but may be sealed in conformance with Local Rule 141. Confidential 28 information exchanged through discovery, contained in documents to be filed in an action, or 1 1 presented at a hearing or trial otherwise may be protected by seeking a protective order as described 2 herein.” Local Rule 141(b) states that a “Notice of Request to Seal Documents” shall be presented to 3 the court for determination, setting forth the statutory or other authority for sealing, the requested 4 duration, the identity, by name or category, of persons to be permitted access to the documents, and all 5 other relevant information. Here, Exhibits A and B of Plaintiff’s opposition pertain to supplemental discovery Plaintiff 6 7 received in Estrada v. Gipson, case number 1:13-cv-00919-LJO-DLB (PC). Exhibit C contains other 8 California Department of Corrections and Rehabilitation documents pertaining to a workplace 9 investigation regarding Licensed Vocational Nurse Delorise Tassey. Based on the lack of objection by 10 Defendants and the confidential nature of Plaintiff’s Exhibits, the Court HEREBY ORDERS that 11 Exhibits, A, B and C in support of Plaintiff’s opposition to Defendants’ motion for judgment on the 12 pleadings (Doc. No. 33), shall be filed under seal by the Clerk of the Court. 13 14 IT IS SO ORDERED. 15 Dated: 16 May 24, 2016 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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