San Nicolas v. Ayers

Filing 168

ORDER GRANTING Request to File Document under SEAL signed by District Judge Dale A. Drozd on 9/18/2017. (Sant Agata, S)

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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 14 DEATH PENALTY CASE Petitioner, v. 12 13 Case No. 1:06-cv-00942-DAD-SAB ORDER GRANTING REQUEST TO FILE DOCUMENT UNDER SEAL RON DAVIS, Warden of San Quentin State Prison, (Doc. No. 166) Respondent. 15 16 17 Before the court is respondent’s September 15, 2017 request to file under seal his 18 memorandum of points and authorities in opposition to the sealed portion of the petition for writ 19 of habeas corpus (sealed claim 1 of the addendum petition). Respondent states the document 20 proposed for sealing discusses confidential information contained in sealed claim 1. 21 The court previously ordered that all pleadings addressing sealed claim 1 be filed under 22 seal and served upon opposing counsel. (See Doc. No. 156.) 23 Accordingly, 24 1. The Clerk of the Court is directed to file under seal respondent’s memorandum of 25 points and authorities in opposition to the sealed portion of the petition for writ of 26 habeas corpus, totaling thirty-six (36) pages, with service upon only counsel for 27 petitioner; 28 ///// 1 1 2. The foregoing document and the information therein constitutes confidential 2 information which shall not be disclosed, in whole or part, to any person other 3 than the court and court staff and individually named counsel for the parties for 4 their use solely in connection with litigation of the habeas corpus proceeding 5 pending before this court; 6 3. information therein unless authorized by the court to be filed under seal; and 7 8 No publicly filed document shall include the above document and/or the 4. All provisions of this order shall continue to be binding after the conclusion of 9 this habeas corpus proceeding and specifically shall apply in the event of a retrial 10 of all or any portion of petitioner’s criminal case, except that either party 11 maintains the right to request modification or vacation of this order upon entry of 12 final judgment. 13 IT IS SO ORDERED. 14 Dated: September 18, 2017 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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