Holt v. Brown, et al
ORDER GRANTING Petitioner's 281 Request for Sealing Order, signed by District Judge Dale A. Drozd on 09/5/17. (Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOHN LEE HOLT,
DEATH PENALTY CASE
ORDER GRANTING PETITIONER’S
REQUEST FOR SEALING ORDER
RON DAVIS, Warden of San Quentin State
Case No. 1:97-cv-06210-DAD-SAB
(Doc. No. 281)
Before the court is petitioner’s August 29, 2017 notice of request to file under seal
19 exhibits 44-77. The exhibits total five hundred forty-seven (547) pages. Petitioner states that
20 these documents, obtained from his trial counsel’s file and deposition, are confidential pursuant
21 to the court’s July 10, 2006 stipulated protective order.1 (Doc. No. 138). He states that exhibits
22 75 and 76 are also confidential under California Penal Code sections 987.2 and 987.9(a).
Petitioner has served respondent with the above notice of request to seal, proposed order,
24 and exhibits 44-77 proposed for sealing.
Respondent has not opposed petitioner’s sealing request and the time for doing so has
26 passed. Local Rule 141(c).
See Bittaker v. Woodford, 331 F.3d 715, 720 (9th Cir. 2003) (en banc).
Accordingly, for good cause shown, petitioner’s request for a sealing order (Doc. No.
2 281) is granted as follows:
The Clerk of the Court is directed to lodge under seal (1) petitioner’s request to
seal documents, totaling four (4) pages, (2) petitioner’s proposed order granting
his sealing request, totaling two (2) pages, and (3) petitioner’s exhibits 44-77,
totaling five hundred forty-seven (547) pages,
The foregoing documents and the information therein constitute confidential
information which shall not be disclosed, in whole or part, to any person other
than the court and court staff and individually named counsel for the parties for
their use solely in connection with litigation of the habeas petition pending before
information therein unless authorized by the court to be filed under seal, and
No publicly filed document shall include the above documents and/or the
All provisions of this order shall continue to be binding after the conclusion of
this habeas corpus proceeding and specifically shall apply in the event of a retrial
of all or any portion of petitioner’s criminal case, except that either party
maintains the right to request modification or vacation of this order upon entry of
IT IS SO ORDERED.
September 5, 2017
UNITED STATES DISTRICT JUDGE
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