United States District Court, N.D. California
September 21, 2005.
DUKE K. BOLTER, Plaintiff,
JOHN ASHCROFT, Attorney General, UNITED STATES DEPARTMENT OF JUSTICE and FEDERAL BUREAU OF INVESTIGATION, Defendants.
The opinion of the court was delivered by: JEFFREY WHITE, District Judge
ORDER ADOPTING REPORT AND RECOMMENDATION ON MOTION
The Court has reviewed Magistrate Judge Larson's Report and
Recommendation regarding the Motion for Preliminary Injunction
and/or Writ of Mandate filed by Plaintiff Duke Bolter. The Court
has also reviewed the objections to Judge Larson's Report and
Recommendation filed by the Federal Defendants.
Having considered the Report and Recommendation and the
objections, the Court finds the Report correct, well-reasoned and
thorough, and adopts it in every respect. The Court notes the
concerns raised by the Federal Defendants regarding the safety of
confidential informants. However, the Report recommends that the
records be disclosed to Bolter's counsel, pursuant to a
protective order, restricting distribution to counsel only and
their staff and investigators. Therefore, neither the documents
nor their contents may be disclosed to Bolter, or anyone other
than Bolter's counsel, staff and investigators without further
order of the Court. The Court is satisfied that these conditions
sufficiently address the security concerns raised by the Federal Defendants while Judge Larson conducts further proceedings on
this matter. Accordingly, the Court HEREBY ADOPTS the Report and
Recommendations and ORDERS that the records described in the
Report be disclosed to Bolter's counsel pursuant to the
conditions set forth in the Report.
IT IS SO ORDERED.
© 1992-2005 VersusLaw Inc.