Harris v. State of California et al

Filing 69

ORDER denying 68 Motion to seal medical records signed by Magistrate Judge Carolyn K. Delaney on 11/19/12. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WAYDE HOLLIS HARRIS,

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Plaintiff,

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No. 2:09-cv-1557 GEB CKD P

vs.
STATE OF CALIFORNIA, et al.,

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Defendants.

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ORDER
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On September 21, 2012, judgment was entered in this 42 U.S.C. § 1983 action.

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On November 13, 2012, plaintiff filed a motion asking that all of his medical records on file in

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this action be sealed. Plaintiff fails to identify specific documents which should be sealed or

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where they might be in the record. In any respect, all documents filed with the court are

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presumptively public, see San Jose Mercury News, Inc. v. U.S. Dist. Court, 187 F.3d 1096, 1103

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(9th Cir. 1999), and plaintiff fails to present any argument or point to any facts indicating how

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that presumption has been overcome here. Furthermore, the court notes that plaintiff never

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sought to have anything sealed in this action while the action was proceeding. Therefore, all of

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the documents filed in this action have been public for some time.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s “motion to seal medical
records” (Dkt. No. 68) is denied.

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Dated: November 19, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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harr1557.mts

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