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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RODNEY JESSE SAN NICOLAS,
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Petitioner,
v.
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RON DAVIS, Warden of San Quentin State
Prison,
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Respondent.1
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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)
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Before the Court is petitioner’s December 22, 2016 unopposed request to file under seal
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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,
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24 Deputy Attorney General Angelo Edralin, who does not oppose the instant request to file the
25 document in question under seal.
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Pursuant to Federal Rule of Civil Procedure 25(d), Ron Davis, Warden of San Quentin State
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Accordingly, petitioner’s sealing request (Doc. No. 161) is granted as follows:
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1.
The Clerk of the Court is directed to file under seal petitioner’s sealed
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memorandum of points and authorities regarding 28 U.S.C. § 2254(d) and the
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merits of sealed claim 1, totaling thirteen (13) pages,
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2.
The foregoing document and the information contained therein constitutes
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confidential information which shall not be disclosed, in whole or part, to any
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person other than the court and court staff and individually named counsel for the
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parties for their use solely in connection with litigation of the habeas corpus
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proceeding pending before this court,
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3.
No publicly filed document shall include the document addressed herein and/or
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the information contained in that pleading unless authorized by the court to be
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filed under seal, and
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4.
All provisions of this order shall continue to be binding after the conclusion of
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this habeas corpus proceeding and specifically shall apply in the event of a retrial
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of all or any portion of petitioner’s criminal case, except that both parties in this
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action maintain the right to request modification or vacation of this order upon
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entry of final judgment.
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19 IT IS SO ORDERED.
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Dated:
December 23, 2016
UNITED STATES DISTRICT JUDGE
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