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Terry Goddard Attorney General Michele L. Forney, Bar No. 019775 Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-4951 Fax: (602) 542-7670 E-mail: [email protected] Attorneys for Defendants
7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 11 12 13 14 15 16 their Statement of Facts in Support of Motion for Summary Judgment, filed April 15, 17 18 19 20 21 22 23 24 25 26 27 28 ///
Document 138 Filed 04/15/2008 Page 1 of 2
Timothy Lee Ward, No. CV 03-2159 PHX ROS (JRI) Plaintiff, v. Sgt. Carr, et al., Defendants. Defendants Carr and Stewart, move to file under seal Exhibits C through H of DEFENDANTS' MOTION TO FILE UNDER SEAL CERTAIN EXHIBITS
2008. These exhibits contain confidential information regarding another inmate who is not a party to this case. Plaintiff has alleged that this inmate (referred to in the Motion and Statement of Facts as "the Other Inmate") was similarly situated but treated differently than he was. The Other Inmate has not appeared in this matter and has not waived his rights to confidentiality. In addition, Plaintiff is not entitled to view these documents pursuant to A.R.S. ยง 31-221, which limits disclosure to an inmate to his own personal records only. ///
Case 2:03-cv-02159-ROS-JRI
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RESPECTFULLY SUBMITTED this 15th day of April, 2008. Terry Goddard Attorney General
s/Michele L. Forney Michele L. Forney Assistant Attorney General Attorneys for Defendants Original e-filed this 15th day of April, 2008, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Street, SPC 1 Phoenix, AZ 85003-2118 Copy mailed the same date to: Timothy Lee Ward, #148256 ASPC - Florence - South Unit P.O. Box 8400 Florence, AZ 85232
s/Colleen S. Jordan Secretary to: Michele L. Forney IDS04-0306/RSK:G04-20640 #186144
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Document 138 Filed 04/15/2008 Page 2 of 2
Case 2:03-cv-02159-ROS-JRI