Free Order on Motion for Leave to File - District Court of Arizona - Arizona

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S:\Drafts\OutBox\03-2159-103o Order 07 12 27 re MSeal.wpd

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
Timothy Lee Ward, Plaintiff -vsSgt. Carr, et al., Defendant(s) CV-03-2159-PHX-ROS (JI) ORDER

Under consideration is Plaintiff's Motion for Leave to File Documents Under Seal, filed November 20, 2007 (#103). Plaintiff seeks leave for Defendants to file under seal various records concerning other inmates to support his claims that he has been denied equal protection. Plaintiff argues that he is precluded from possessing records concerning other inmates, and filing under seal would avoid this concern. Defendants have responded (#104) that Plaintiff's motion is premature because it was made prior to the issuance of a scheduling order, and that state law prohibits Plaintiff's possession of the records, and the policy behind that law are prison security and inmate privacy. Plaintiff has not replied in support of his motion. The Court has now issued its Scheduling Order (#105). However, until Defendants have responded and/or objected to Plaintiff's discovery requests, and the informal resolution process provided for in the Scheduling Order is completed, this motion is premature. IT IS THEREFORE ORDERED that Plaintiff's Motion for Leave to File

Documents Under Seal, filed November 20, 2007 (#103) is DENIED WITHOUT PREJUDICE. DATED: January 7, 2008 _____________________________________ JAY R. IRWIN United States Magistrate Judge
Document 1071 - Filed 01/07/2008 Page 1 of 1

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Case 2:03-cv-02159-ROS-JRI