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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID ESTRADA,

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Plaintiff,

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v.
TERESA MACIS, et al.,

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Defendants.

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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. §

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1983.
On May 2, 2016, Plaintiff filed a motion to seal the exhibits submitted in support of his

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opposition to Defendants’ motion for judgment on the pleadings. (ECF No. 32.) Plaintiff contends

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that the health care inmate appeals are part of an internal affairs investigation and the disclosure of the

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information would jeopardize institutional safety. On May 23, 2016, Defendants submitted a

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statement of non-opposition to Plaintiff’s motion to seal Exhibits A, B and C. Pursuant to Local Rule

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141(c), Defendants submitted their statement of non-opposition directly to the Court via email and

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such statement is not filed on the Court’s docket.

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Local Rule 141.1(a)(1) states that “[a]ll information provided to the Court in a specific action

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is presumptively public, but may be sealed in conformance with Local Rule 141. Confidential

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information exchanged through discovery, contained in documents to be filed in an action, or
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presented at a hearing or trial otherwise may be protected by seeking a protective order as described

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herein.” Local Rule 141(b) states that a “Notice of Request to Seal Documents” shall be presented to

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the court for determination, setting forth the statutory or other authority for sealing, the requested

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duration, the identity, by name or category, of persons to be permitted access to the documents, and all

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other relevant information.
Here, Exhibits A and B of Plaintiff’s opposition pertain to supplemental discovery Plaintiff

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received in Estrada v. Gipson, case number 1:13-cv-00919-LJO-DLB (PC). Exhibit C contains other

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California Department of Corrections and Rehabilitation documents pertaining to a workplace

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investigation regarding Licensed Vocational Nurse Delorise Tassey. Based on the lack of objection by

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Defendants and the confidential nature of Plaintiff’s Exhibits, the Court HEREBY ORDERS that

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Exhibits, A, B and C in support of Plaintiff’s opposition to Defendants’ motion for judgment on the

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pleadings (Doc. No. 33), shall be filed under seal by the Clerk of the Court.

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IT IS SO ORDERED.

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Dated:

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May 24, 2016
UNITED STATES MAGISTRATE JUDGE

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