Fleming v. Clark

Filing 40

ORDER RE IN CAMERA REVIEW. Signed by Magistrate Judge Bernard Zimmerman on 10/5/2009. (bzsec, COURT STAFF) (Filed on 10/5/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. NADIA CLARK, et al., Defendant(s). NOVENDER FLEMING, Plaintiff(s), ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C 09-1613 BZ ORDER RE IN CAMERA REVIEW

Before the Court is plaintiff's motion to compel defendants to produce the affidavit filed by defendant Clark when she applied for the search warrant that gave rise to the incident of which plaintiff complains. In part, plaintiff

claims that the search was conducted without probable cause. The Court has determined that it needs to review the affidavit in camera before it can rule on the motion. The Court further

understands that the Superior Court of Alameda County has thus far refused to authorize the disclosure of the affidavit. IS THEREFORE ORDERED that by October 15, 2009, counsel for defendants shall present a copy of this Order to the Alameda County Superior Court and request that Court to authorize him 1 IT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

to provide this Court with a copy of the affidavit for in camera review. After obtaining it, counsel for defendants

shall lodge a copy with chambers and shall notify plaintiff of the lodging. Dated: October 5, 2009 Bernard Zimmerman United States Magistrate Judge
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