(PC) Holston v. Viera Rosa ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THERON KENNETH HOLSTON, No. 2:20-cv-01076-KJM-CKD P 12 Plaintiff, 13 v. ORDER 14 G. VIERA ROSA, 15 Defendants. 16 17 Plaintiff is a county inmate proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. The parties have filed separate requests to seal 19 documents in this case. ECF Nos. 84, 98. Defendant’s motion complies with Local Rule 141, 20 while plaintiff’s does not. However, in light of plaintiff’s pro se status, the court has overlooked 21 these defects in form and focused on the substance of plaintiff’s request. Defendant has filed a 22 request to seal the Declaration of M. Cruz, Exhibits A–D of the Declaration of M. Cruz, and 23 Defendant’s Statement of Undisputed Facts in support of the pending motion for summary 24 judgment. Plaintiff has requested to seal defendant’s motion for summary judgment (ECF No. 25 83) and opposition to plaintiff’s motion for summary judgment (ECF No. 86) that were filed on 26 the public docket in April. ECF No. 98. Plaintiff did not request to seal these documents until 27 May 27, 2022. See Houston v. Lack, 487 U.S. 266 (1988) (establishing the prison mailbox rule). 28 ] Having reviewed the record in this case and for good cause shown, the court will grant 2 || defendant’s request, in part, and deny it in part. Defendant’s motion to seal the special conditions 3 || of parole identified as Bate Stamp AGO 001089, 1091-1096, and 893-899 is denied because 4 | plaintiff filed this document, in part, as an exhibit to his first amended complaint. See ECF No. 7 5 || at 19-24. The remaining portion of defendant’s request is granted. Plaintiff's motion to seal is 6 || denied. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Defendant’s request to seal documents (ECF No. 84) is granted in part and denied in 9 part. 10 2. Defendant shall file the Declaration of M. Cruz, Exhibits C—D of the Declaration of 11 M. Cruz, and Defendant’s Statement of Undisputed Facts under seal in accordance 12 with Local Rule 141(e)(2)(i). These documents shall not be publicly filed unless 13 otherwise ordered by the court. 14 3. Acopy of these sealed documents shall be provided to plaintiff as provided in 15 defendant’s request to seal.! 16 4. Plaintiffs request to seal documents (ECF No. 98) is denied. 17 | Dated: June 30, 2022 / ae □□ / a Ly a 18 CAROLYN K DELANEY 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 12/hols1076.motions2seal.docx 26 Q_—_ x Sod ' The court understands that the parties have agreed to accept service of pleadings via e-mail 28 | based on plaintiff's changing custody status.