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