Pimentel v. Beard et al

Filing 76

ORDER signed by Magistrate Judge Deborah Barnes on 7/30/2018 GRANTING defendant's 72 request to seal documents; and the Clerk shall file UNDER SEAL Exhibits B and C to the Declaration of Fleming in Support of the Motion for Summary Judgment. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICARDO PIMENTEL,

Case No. 2:14-cv-1192 MCE DB P

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Plaintiff, ORDER GRANTING REQUEST TO SEAL
DOCUMENTS

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v.
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JEFFREY BEARD, et al.,
Defendants.

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The Court has reviewed Defendant Fleming’s request to seal Exhibits B and C to the

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Declaration of Fleming in Support of Motion for Summary Judgment. The Exhibits comprise

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letters and a note between gang members or affiliates or suspected gang members or affiliates, as

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well as memoranda analyzing and describing the gang-related communications. These

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documents are deemed confidential by the California Department of Corrections and

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Rehabilitation under California Code of Regulations, Title 15, Section 3321(a)(1) and (a)(2).

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The court finds good cause to seal Exhibits B and C based on the risk that their

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dissemination could pose a safety risk to the current and former gang-member inmates identified

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in the documents. See Gonzalez v. Cate, No. 2:11-cv-3196 GEB EFB P, 2016 WL 4035722, at

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*1 (E.D. Cal. July 28, 2016), rep. and reco. adopted, 2016 WL 4702814 (E.D. Cal. Sept. 7, 2016).

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Good cause appearing, Exhibits B and C to the Declaration of Officer B. Fleming shall be
filed under seal.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Defendant’s June 29, 2018 Request to Seal Documents (ECF No. 72) is granted; and

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2. The Clerk of the Court is directed to filed under seal Exhibits B and C to the

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Declaration of Fleming in Support of Motion for Summary Judgment. See E.D. Cal. R.

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141(e)(2)(i).

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Dated: July 30, 2018

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DLB:9
DB/prisoner-civil rights/pime1192.seal exs