Campbell v. Grounds

Filing 141

ORDER (1) GRANTING 140 PETITIONER'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF PETITIONER'S MOTION FOR RELIEF FROM NON-DISPOSITIVE ORDER OF MAGISTRATE JUDGE; DIRECTING PETITIONER TO FILE SEPARATELY BOTH UNREDACTED AND REDACTED VERSIONS OF HIS MOTION FOR RELIEF; AND SETTING A BRIEFING SCHEDULE RE THE MOTION FOR RELIEF. Signed by Judge Beth Labson Freeman on 12/19/2016.(blflc1S, COURT STAFF) (Filed on 12/19/2016)

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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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DESHAWN LEE CAMPBELL,

Case No. 12-cv-06089-BLF

Petitioner,
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v.
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RANDY GROUNDS,

United States District Court
Northern District of California

Respondent.
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ORDER (1) GRANTING PETITIONER’S
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL PORTIONS OF
PETITIONER’S MOTION FOR RELIEF
FROM NON-DISPOSITIVE ORDER OF
MAGISTRATE JUDGE; DIRECTING
PETITIONER TO FILE SEPARATELY
BOTH UNREDACTED AND
REDACTED VERSIONS OF HIS
MOTION FOR RELIEF; AND SETTING
A BRIEFING SCHEDULE RE THE
MOTION FOR RELIEF

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[RE: ECF 140]
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Petitioner seeks leave to file under seal portions of a motion for relief from a non-

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dispositive order issued by Magistrate Judge Cousins and docketed at ECF 138. A party moving

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to seal judicial records that are filed in connection with a non-dispositive motion must satisfy the

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“good cause” standard of Federal Rule of Civil Procedure 26(c). Kamakana v. City & Cnty. of

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Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006). In this district, a party moving to seal judicial

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records also must comply with Civil Local Rule 79-5, which requires that a sealing request be

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“narrowly tailored to seek sealing only of sealable material.” Civil L.R. 79-5(b). Here, Petitioner

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has shown good cause for sealing portions of his motion for relief from Judge Cousins’ order.

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Because of the nature of the crime involved, allowing the documents in question to be filed

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publicly in their entirety could put at risk the safety of one or more individuals. The proposed

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redactions are narrowly tailored to leave as much information as possible available to the public.

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Accordingly, Petitioner’s administrative sealing motion is GRANTED.

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Petitioner shall file separately both sealed and redacted versions of his motion for relief

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from Judge Cousins’ order. On or before January 6, 2016, the California Department of

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Corrections and Rehabilitation shall file a response to Petitioner’s motion for relief and shall

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submit the twenty-one pages of records in dispute in hard copy, unfiled, to the undersigned for in

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camera review. The matter thereafter will be submitted without oral argument.

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IT IS SO ORDERED.

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Dated: December 19, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

United States District Court
Northern District of California

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