Nunez v. Porter, et al

Filing 86

ORDER signed by Magistrate Judge Kendall J. Newman on 1/19/17 granting 84 Motion for an in-camera review of at-issue emails. Within 10 days of the date of this order, defendant shall submit the at-issue emails for in camera review. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CURTIS NUNEZ, JR.,

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No. 2: 12-cv-2775 JAM KJN P

Plaintiff,
v.

ORDER

K.M. PORTER, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. For the following reasons, defendants are ordered to submit the at-issue

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emails for in camera review.

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On September 27, 2016, the undersigned granted in part and denied in part plaintiff’s

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motion to reopen discovery. (ECF No. 82.) The undersigned ordered defendant to respond to the

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request for admissions and request for production of documents served by plaintiff on December

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3, 2015. (Id.)

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After receiving defendant’s responses to his discovery requests, plaintiff filed the pending

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motion for in camera review. (ECF No. 84.) Plaintiff alleges that defendant provided him with

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two redacted emails. (Id.) Plaintiff requests that the court conduct an in camera review of

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unredacted versions of the emails to determine whether the redacted information is relevant. (Id.)

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On November 22, 2016, defendant filed a response to plaintiff’s motion for in camera

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review. (ECF No. 85.) Defendant states that the redactions on the emails concern information

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about nonparties and defendant submitted a privilege log to that effect. (Id.) Defendant does not

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oppose the court’s in camera review of the emails. (Id.)

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for an in camera review of the at-issue emails (ECF No. 84) is

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granted;
2. Within ten days of the date of this order, defendant shall submit the at-issue emails for
in camera review.
Dated: January 19, 2017

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Nun2775.cam
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