Fernandez

Fernandez v. Duarte

Good Law
United States District Court, Southern District of CaliforniaJuly 1, 20253:22-cv-00446California856 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 FRANK J. FERNANDEZ, Case No. 22-cv-0446-BAS-VET

12 Plaintiff,

ORDER DENYING DEFENDANT’S

13 v. MOTION TO SEAL (ECF No. 136) 14 E. DUARTE, ISU Sergeant, 15 Defendant. 16 17 Defendant in this case moves to seal portions of his Motion for Summary Judgment, 18 along with some of the supporting evidence, not only from the public but also from the 19 Plaintiff, who is appearing pro per. (ECF No. 136.) Ironically, Defendant simultaneously 20 opposes Plaintiff’s request for appointment of counsel. (ECF No. 138.) Requesting that 21 the Court rely on facts, while hamstringing Plaintiff from responding to those facts, violates 22 the very essence of due process. Hence, the Court DENIES the Motion to Seal (ECF No. 23 136). 24 “[T]he courts of this country recognize a general right to inspect and copy public 25 records and documents, including judicial records and documents.” Nixon v. Warner 26 Commc’ns, Inc., 435 U.S. 589, 597 (1978). …

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