Harris v. Quillen et al

Filing 35

ORDER GRANTING 34 Defendants' Request to File Exhibit D, Attached to Request for Judicial Notice Under Seal signed by Magistrate Judge Stanley A. Boone on 4/9/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEVONTE B. HARRIS,

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Plaintiff,
v.
T. QUILLEN, et al.,
Defendants.

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Case No. 1:17-cv-01370-DAD-SAB (PC)

ORDER GRANTING DEFENDANTS’ REQUEST
TO FILE EXHIBIT D, ATTACHED TO REQUEST
FOR JUDICIAL NOTICE UNDER SEAL
[ECF No. 34]

Plaintiff Devonte B. Harris is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Currently before the Court is Defendants’ request to file Exhibit D, attached to their request for
judicial notice, under seal pursuant to Local Rule 141, filed April 8, 2019.

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Pursuant to the Local Rule of the United States Court, Eastern District of California,

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documents may only be sealed by written order of the Court upon the showing required by applicable

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law. Local Rule 141(a). “The ‘Request to Seal Documents’ shall set forth the statutory or other

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authority for sealing, the requested duration, the identity, by name or category, or persons to be

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permitted access to the documents, and all other relevant information….” Local Rule 141(b).

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Defendants submit that Exhibit D, contains court record documents that were filed under seal

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in the case Harris v. Davis, et al., N.D. Cal. Case No. C-08-5631-THE. The documents include the

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judgment, and the order granting the Defendants’ motion for summary judgment in the case, dated
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October 2, 2012. Defendants submit the documents are possessed by Defendants’ counsel because the

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Office of the California Attorney General was counsel representing the Defendants in that case.
On the basis of good cause, the Court will grant Defendants’ request to seal Exhibit D.

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Pursuant to Local Rule 141(e)(2)(ii), the Court will transmit to the Clerk the documents to be sealed

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along with the order authorizing sealing. The Clerk will scan the documents to be sealed and file them

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under seal. The Clerk will then return the documents to Defendants, the submitting party.

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Accordingly, it is HEREBY ORDERED that:

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Defendants’ request to file Exhibit D, to Request for Judicial Notice (ECF No. 332), is granted; and

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2.

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Pursuant to Local Rule 141(e)(2)(ii), the Court will transmit to the Clerk the documents

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to be sealed along with the order authorizing sealing. The Clerk will scan the

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documents to be sealed and file them under seal. The Clerk will then return the

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documents to Defendants, the submitting party.

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IT IS SO ORDERED.

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Dated:

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April 9, 2019
UNITED STATES MAGISTRATE JUDGE

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