Andrade v. Lewis et al

Filing 36

ORDER FOR SUPPLEMENTAL EXHIBITS (Illston, Susan) (Filed on 1/9/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ADRIAN FRANK ANDRADE, 8 9 United States District Court For the Northern District of California 10 11 No. C 11-3528 SI (pr) Plaintiff, ORDER FOR SUPPLEMENTAL EXHIBITS v. GREG LEWIS, warden; et al., Defendants. / 12 13 In this pro se prisoner's civil rights action, plaintiff claims that his due process rights were 14 violated during his late 2008 validation as an associate of the Northern Structure prison gang. 15 Defendants have moved for summary judgment and argued, inter alia, that there was sufficient 16 evidence to support the validation decision. The court's consideration of defendants' motion is 17 hindered by defendants' failure to present the evidence upon which they relied in validating 18 plaintiff. Instead of submitting all of the source items used to validate plaintiff, they refer the 19 reader to the confidential disclosure forms that purported to describe those items to the inmate. 20 See Motion for Summary Judgment, pp. 3-4 (citing exhibits B-F to the complaint). The court 21 wants to see the source items, rather than descriptions of those source items. Accordingly, no 22 later than January 25, 2013, defendants must file a copy of the source items referred to in 23 exhibits B-F to the complaint. If defendants consider the items to be confidential, they may file 24 them under seal (and not serve a copy of the evidence on plaintiff), but must comply with Local 25 Rule 79-5 in moving to file the supplemental evidence under seal. 26 27 28 IT IS SO ORDERED. Dated: January 9, 2013 _______________________ SUSAN ILLSTON United States District Judge

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