Bloomking v. Bey

Filing 8

ORDER By Edward J. Davila United States District JudgeDenying #4 Administrative Motion to File Under Seal. (msrS, COURT STAFF) (Filed on 1/6/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 1/8/2021 (msrS, COURT STAFF).

FILED
JAN 06 2021

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SUSAN Y. SOONG
CLERK, U.S. DISTRICT COURT
NORTH DISTRICT OF CALIFORNIA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ABIGAIL BLOOMKING,
Plaintiff,

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Defendants.

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ORDER DENYING REQUEST TO
SEAL RECORD AND CASE FILE

JAMIL MALIK BEY aka JOSH ROYCE
BROK.EMOND,

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Case No.

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Jamil Malik Bey aka Josh Royce Brokemond (hereinafter "Bey") deposited the following

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· materials in the district court Drop Box for filing: (1) Drop Box Filing Information Card; (2) Civil

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Cover Sheet; (2) "Jamil Malik Bey's Affidavit Moving for Order Sealing Record and Case File";

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(3) Application to Proceed In District Court Without Prepaying Fees or Costs; (4) Declination of

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Magistrate Form; (4) Notice of Removal of two cases pending in the Superior Cowt of California

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for the County of San Francisco, Case Nos. CUD-20-667140 and CCH-20-582607, which appear

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to be an unlawful detainer action pursuant to California Code of Civil Procedure section 1161(4)

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and a civil harassment petition. The purported bases for removal are 28 U.S.C. §§1441, l443(b),

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42 U.S.C. § 1981, and 18 U.S.C. § 242.

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Bey's request to seal materials is based on California Assembly Bill 2819, signed by
Governor Jerry Brown in September of 2016. Bey asserts that the case file contains
ORDER DENYING REQUEST TO SEAL RECORD AND CASE FILE
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discriminatory racially motivated allegations and statements that are false, fraudulent, damaging to
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his reputation and character, infringe his right to privacy, and that cause harm to his credit and

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ability to obtain credit and property.

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Assembly Bill 2819, codified as California Code of Civil Procedure section 1161.2, limits

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public access to civil case records for unlawful detainer cases in state court. The statute is not

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applicable in federal court. The request to seal the record and case file is DENIED.

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IT IS SO ORDERED.
Dated: January 6, 2021
EDWARD J. DA VJLA
United States District Judge

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ORDER DENYING REQUEST TO SEAL RECORD AND CASE FILE
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