San Nicolas v. Ayers

Filing 151

ORDER DIRECTING Court Clerk to Return Respondent's Lodged Document 6, signed by Magistrate Judge Stanley A. Boone on 8/19/15. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODNEY JESSE SAN NICOLAS,

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Case No. 1:06-cv-00942-LJO-SAB

Petitioner,

DEATH PENALTY CASE

v.

ORDER DIRECTING COURT CLERK TO
RETURN RESPONDENT’S LODGED
DOCUMENT 6

KEVIN CHAPPELL, as Warden of San
Quentin State Prison,

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(ECF No. 150)
Respondent.

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This matter is before the Court on Respondent’s notice of filing/lodging state court

20 documents in paper, filed on August 17, 2015. Therein, Respondent purports to lodge
21 “Document 6: Petitioner’s Petition for Writ of Habeas Corpus Filed Conditionally Under Seal;
22 California Supreme Court, case number S028747.” (ECF No. 150 at 2:5-6.) However, the
23 document submitted for filing/lodging as document 6 is not the aforementioned, but rather the
24 California Supreme Court’s decision on Petitioner’s direct appeal, People v. San Nicolas, 34
25 Cal.4th 614 (2004).
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Even if Respondent had submitted the aforementioned document, filing/lodging under

27 seal requires written order of this Court, following a specific request to seal, making the showing
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1 required by applicable law and submitted in the appropriate manner. Local Rule 141. This is so
2 even if the subject document was sealed in state court. Id. Accordingly, for the reasons stated, it
3 is HEREBY ORDERED that:
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The Clerk of the Court is directed to return filed/lodged document 6 to
Respondent, and

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2.

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Respondent shall comply with the requirements of Local Rule 141 for the sealing
of confidential state records.

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IT IS SO ORDERED.

10 Dated:

August 19, 2015
UNITED STATES MAGISTRATE JUDGE

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