San Nicolas v. Ayers

Filing 163

ORDER granting 161 Request to Seal Document signed by District Judge Dale A. Drozd on 12/23/2016. (Lundstrom, T)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 RODNEY JESSE SAN NICOLAS, 11 Petitioner, v. 12 13 RON DAVIS, Warden of San Quentin State Prison, 14 Respondent.1 15 Case No. 1:06-cv-00942-DAD-SAB DEATH PENALTY CASE ORDER GRANTING PETITIONER’S UNOPPOSED REQUEST TO FILE DOCUMENT UNDER SEAL (Doc. No. 161) 16 Before the Court is petitioner’s December 22, 2016 unopposed request to file under seal 17 18 his memorandum of points and authorities regarding 28 U.S.C. § 2254(d) and the merits of his 19 sealed claim 1. Petitioner states that the memorandum of points and authorities discusses 20 confidential information contained in sealed claim 1 of his addendum petition and is covered by 21 the court’s September 23, 2015 order directing that all pleadings addressing sealed claim 1 be 22 filed under seal. Petitioner represents that he has discussed this matter with counsel for respondent, 23 24 Deputy Attorney General Angelo Edralin, who does not oppose the instant request to file the 25 document in question under seal. 26 ///// 27 1 Pursuant to Federal Rule of Civil Procedure 25(d), Ron Davis, Warden of San Quentin State 28 Prison, is substituted as respondent in this action in place of his predecessor wardens. 1 1 Accordingly, petitioner’s sealing request (Doc. No. 161) is granted as follows: 2 1. The Clerk of the Court is directed to file under seal petitioner’s sealed 3 memorandum of points and authorities regarding 28 U.S.C. § 2254(d) and the 4 merits of sealed claim 1, totaling thirteen (13) pages, 5 2. The foregoing document and the information contained therein constitutes 6 confidential information which shall not be disclosed, in whole or part, to any 7 person other than the court and court staff and individually named counsel for the 8 parties for their use solely in connection with litigation of the habeas corpus 9 proceeding pending before this court, 10 3. No publicly filed document shall include the document addressed herein and/or 11 the information contained in that pleading unless authorized by the court to be 12 filed under seal, and 13 4. All provisions of this order shall continue to be binding after the conclusion of 14 this habeas corpus proceeding and specifically shall apply in the event of a retrial 15 of all or any portion of petitioner’s criminal case, except that both parties in this 16 action maintain the right to request modification or vacation of this order upon 17 entry of final judgment. 18 19 IT IS SO ORDERED. 20 Dated: December 23, 2016 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2

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