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
28 Prison, is substituted as respondent in this action in place of his predecessor wardens.
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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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