KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On February 22, 2018, the undersigned granted in part and denied in part plaintiff's motion to compel. (ECF No. 43.) The undersigned also ordered defendants to file further briefing regarding several of the at-issue discovery requests. (
The undersigned ordered defendants to clarify whether the enemy list provided to plaintiff included and identified plaintiff's enemies in 2016. (ECF No. 43 at 11.) If the enemy list provided to plaintiff did not reflect plaintiff's 2016 enemies, the undersigned ordered defendants to provide plaintiff with a list of his 2016 enemies, including which of those inmates were housed on B-Facility on any dates between February 5, 2016, and July 17, 2016. (
In their further briefing, defendants state that the enemy list provided to plaintiff during the discovery period reflected his enemies in 2016, but not their locations during the relevant time period of February 5, 2016 through July 17, 2016. (ECF No. 51 at 3.) Defendants have now provided plaintiff with a document showing the plaintiff's listed enemy's external movement history to show their location during the relevant time period. (
Defendants have complied with the order directing them to provide plaintiff with information regarding his 2016 enemies and their movement. Accordingly, the motion to compel as to this matter is deemed resolved.
In the motion to compel, plaintiff claimed that defendants failed to provide him with copies of all 602 complaints and citizen complaints charging the defendants with discrimination, racial bias or excessive force. (ECF No. 43 at 7.) Plaintiff also claimed that defendants failed to respond to his request for the names and CDCR identification numbers of the inmates who wrote the 602 and citizen complaints alleging racial bias, discrimination and excessive force. (
In response to these requests, defendants provided plaintiff with a privilege log identifying inmate grievances filed in 2014-2017. (
In the February 22, 2018 order, the undersigned found that plaintiff was not entitled to grievances alleging racial bias and discrimination because plaintiff did not state a claim for racial discrimination. (
In the February 22, 2018 order, the undersigned found that plaintiff was entitled to discovery of grievances filed by other inmates alleging that defendants Brewer, Hyunh, Anderson, Stanfield, Padilla, Nyberg, Morales, Barajas, Stuhr, Rowe and Pacheco used physical violence on an inmate. (
In the March 8, 2018 response, defendants provided a declaration by K. Steele, a Sergeant with the Investigative Services Unit ("ISU") at California State Prison-Sacramento ("CSP-Sac"). (ECF No. 51-1.) Regarding plaintiff's request for grievances, Sergeant Steele states,
(
The declaration of Sergeant Steele demonstrates that disclosure to plaintiff of the identities of the inmates who filed the grievances, as well as the identities of any other inmates involved in the grievances (such as witnesses) could jeopardize institutional safety and security. Accordingly, plaintiff is not entitled to this information. Defendants shall redact the names and all other identifying information, i.e., cell number, CDCR identification number, etc., of any inmate identified in the at-issue grievances. Defendants shall then provide plaintiff with copies of the redacted grievances, identified in the privilege log previously provided to plaintiff, within twenty-one days of the date of this order.
In the motion to compel, plaintiff requested copies of photos taken regarding the incident involving defendants. (ECF No. 43 at 9.) In response, defendants stated that they provided the photos for plaintiff's inspection in the litigation coordinator's office at CSP-Sac. (
In the February 22, 2018 order, the undersigned directed defendants to provide a declaration by a responsible official in support of their claim that allowing plaintiff to possess the photos would jeopardize institutional security. (
(ECF No. 51-1 at 3.)
The declaration of Sergeant Steele demonstrates that allowing plaintiff to possess the photos could jeopardize institutional safety and security. Accordingly, plaintiff's request to possess the photos is denied.
Accordingly, IT IS HEREBY ORDERED that:
1. Within twenty-one days of the date of this order, defendants shall provide plaintiff with the redacted grievances, discussed above;
2. Plaintiff's request that he be permitted to possess the photos taken regarding the incident involving defendants is denied;
3. Plaintiff's motion to compel is deemed resolved.