Andrade v. Lewis et al

Filing 36

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ADRIAN FRANK ANDRADE,

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United States District Court
For the Northern District of California

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No. C 11-3528 SI (pr)

Plaintiff,

ORDER FOR SUPPLEMENTAL
EXHIBITS

v.
GREG LEWIS, warden; et al.,
Defendants.
/

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In this pro se prisoner's civil rights action, plaintiff claims that his due process rights were

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violated during his late 2008 validation as an associate of the Northern Structure prison gang.

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Defendants have moved for summary judgment and argued, inter alia, that there was sufficient

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evidence to support the validation decision. The court's consideration of defendants' motion is

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hindered by defendants' failure to present the evidence upon which they relied in validating

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plaintiff. Instead of submitting all of the source items used to validate plaintiff, they refer the

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reader to the confidential disclosure forms that purported to describe those items to the inmate.

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See Motion for Summary Judgment, pp. 3-4 (citing exhibits B-F to the complaint). The court

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wants to see the source items, rather than descriptions of those source items. Accordingly, no

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later than January 25, 2013, defendants must file a copy of the source items referred to in

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exhibits B-F to the complaint. If defendants consider the items to be confidential, they may file

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them under seal (and not serve a copy of the evidence on plaintiff), but must comply with Local

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Rule 79-5 in moving to file the supplemental evidence under seal.

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IT IS SO ORDERED.
Dated: January 9, 2013

_______________________
SUSAN ILLSTON
United States District Judge