San Nicolas v. Ayers
ORDER granting 161 Request to Seal Document signed by District Judge Dale A. Drozd on 12/23/2016. (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RODNEY JESSE SAN NICOLAS,
RON DAVIS, Warden of San Quentin State
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)
Before the Court is petitioner’s December 22, 2016 unopposed request to file under seal
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,
24 Deputy Attorney General Angelo Edralin, who does not oppose the instant request to file the
25 document in question under seal.
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.
Accordingly, petitioner’s sealing request (Doc. No. 161) is granted as follows:
The Clerk of the Court is directed to file under seal petitioner’s sealed
memorandum of points and authorities regarding 28 U.S.C. § 2254(d) and the
merits of sealed claim 1, totaling thirteen (13) pages,
The foregoing document and the information contained therein constitutes
confidential information which shall not be disclosed, in whole or part, to any
person other than the court and court staff and individually named counsel for the
parties for their use solely in connection with litigation of the habeas corpus
proceeding pending before this court,
No publicly filed document shall include the document addressed herein and/or
the information contained in that pleading unless authorized by the court to be
filed under seal, and
All provisions of this order shall continue to be binding after the conclusion of
this habeas corpus proceeding and specifically shall apply in the event of a retrial
of all or any portion of petitioner’s criminal case, except that both parties in this
action maintain the right to request modification or vacation of this order upon
entry of final judgment.
19 IT IS SO ORDERED.
December 23, 2016
UNITED STATES DISTRICT JUDGE
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