Holt v. Brown, et al

Filing 283

ORDER GRANTING Petitioner's 281 Request for Sealing Order, signed by District Judge Dale A. Drozd on 09/5/17. (Martin-Gill, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JOHN LEE HOLT, 11 Petitioner, v. 12 13 DEATH PENALTY CASE ORDER GRANTING PETITIONER’S REQUEST FOR SEALING ORDER RON DAVIS, Warden of San Quentin State Prison, 14 Case No. 1:97-cv-06210-DAD-SAB (Doc. No. 281) Respondent. 15 16 17 Before the court is petitioner’s August 29, 2017 notice of request to file under seal 18 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, 23 24 and exhibits 44-77 proposed for sealing. Respondent has not opposed petitioner’s sealing request and the time for doing so has 25 26 passed. Local Rule 141(c). 27 28 1 See Bittaker v. Woodford, 331 F.3d 715, 720 (9th Cir. 2003) (en banc). 1 1 Accordingly, for good cause shown, petitioner’s request for a sealing order (Doc. No. 2 281) is granted as follows: 3 1. The Clerk of the Court is directed to lodge under seal (1) petitioner’s request to 4 seal documents, totaling four (4) pages, (2) petitioner’s proposed order granting 5 his sealing request, totaling two (2) pages, and (3) petitioner’s exhibits 44-77, 6 totaling five hundred forty-seven (547) pages, 7 2. The foregoing documents and the information therein constitute confidential 8 information which shall not be disclosed, in whole or part, to any person other 9 than the court and court staff and individually named counsel for the parties for 10 their use solely in connection with litigation of the habeas petition pending before 11 this court, 12 3. information therein unless authorized by the court to be filed under seal, and 13 14 No publicly filed document shall include the above documents and/or the 4. All provisions of this order shall continue to be binding after the conclusion of 15 this habeas corpus proceeding and specifically shall apply in the event of a retrial 16 of all or any portion of petitioner’s criminal case, except that either party 17 maintains the right to request modification or vacation of this order upon entry of 18 final judgment. 19 20 21 IT IS SO ORDERED. Dated: September 5, 2017 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 2

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