Harris v. Fernan et al

Filing 104

ORDER signed by Magistrate Judge Kendall J. Newman on 2/23/2021 ORDERING Plaintiff's 2/18/2021 document is filed under seal. (Henshaw, R)

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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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No. 2:17-cv-0680 TLN KJN P

Plaintiff,
v.

ORDER

S. KERNAN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. On February 18, 2021, plaintiff

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submitted a document that appears to be his response to the November 4, 2020 order. (ECF No.

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96.) Plaintiff claims that due to the COVID-19 quarantine, plaintiff cannot access his declarant to

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obtain a declaration from his confidential source. Plaintiff provides his own declaration

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purporting to be what the confidential source told plaintiff. However, plaintiff did not witness

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what took place firsthand, and the information he provides is therefore hearsay. Moreover, as the

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court explained in the last order, the information provided differs from that first provided in that

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plaintiff makes no mention of any modified documents that have something written at the top of

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the pages.

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In an abundance of caution, plaintiff’s document will be filed under seal. However,

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because plaintiff has provided only his own self-serving declaration, no further action is taken at

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this time.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s February 18, 2021 document is

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filed under seal.

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Dated: February 23, 2021

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/harr0680.sea

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