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Chanthon Bun v. T. Felker

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 30, 2011

CHANTHON BUN, PLAINTIFF,
v.
T. FELKER, ET AL., DEFENDANTS.

ORDER

On March 17, 2011, the court issued an Order to Show Cause requiring defendants to address why it was proper for them to file nearly 100 pages of plaintiff's unredacted medical records as exhibits to their motion to dismiss for failure to exhaust administrative remedies. Dckt. No. 44. On March 25, 2011, defendants filed a response, which included a declaration signed by defense counsel under penalty of perjury. Dckt. No. 45, Attach. 1 ("Barlow Decl.").

Defense counsel suggests that filing nearly 100 pages of plaintiff's unredacted medical records was the only way by which she could demonstrate that plaintiff had opportunities to submit inmate appeals to non-custody personnel. See Barlow Decl. ¶ 4. According to counsel, she believed that plaintiff's unredacted medical records (exceeding a span of two years) were not confidential because plaintiff submitted with his complaint a single medical record dated November 24, 2006, and alleged that he had been denied medical treatment for injuries sustained on that day. Id. ¶¶ 5-6; see also Compl. Counsel also claims to have "overlooked" Local Rule 140*fn1 (Privacy Concerns and Redaction) when she filed the motion to dismiss. Barlow Decl. ¶ 2.

Based on the representations in defendants' response, IT IS HEREBY ORDERED that the March 17, 2011 order to show cause is discharged.


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