Beames v. Cullen

Filing 145

ORDER GRANTING Petitioner's Request for Sealing Order, signed by Magistrate Judge Stanley A. Boone on 10/28/2015. (Kusamura, W)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MICHAEL BEAMES, 12 13 14 15 16 17 Case No. 1:10-cv-01429-AWI-SAB DEATH PENALTY CASE Petitioner, v. ORDER GRANTING PETITIONER’S REQUEST FOR SEALING ORDER RON DAVIS, Warden of San Quentin State Prison, (ECF No. 140) Respondent. Before the Court is Petitioner’s October 21, 2015 notice of request to (1) file under seal a 18 Notice of Lodgment consisting of two (2) pages, and (2) lodge under seal Exhibit A thereto, a 19 Confidential Clerk’s Transcript on Appeal 987 Motion and Orders (“Confidential 987 20 Transcript”) prepared by the Tulare County Superior Court on October 24, 2001 and captioned 21 as a California Supreme Court document in Petitioner’s automatic appeal, consisting of two 22 hundred seventy (270) pages. 23 Petitioner represents that the Confidential 987 Transcript is a confidential state court 24 record, sealed in state proceedings, which should be protected from disclosure in this proceeding. 25 Local Rule 141; see California Penal Code Section 987.9(d). 26 Petitioner has served Respondent with the above Notice of Lodgment and Confidential 27 987 Transcript proposed for sealing. 28 1 Respondent has not opposed Petitioner’s sealing request and the time for doing so has 1 2 passed. Local Rule 141(c). Accordingly, for good cause shown, it is hereby ORDERED that Petitioner’s request for 3 4 a sealing order (ECF No. 140) is GRANTED as follows: 1. 5 The Clerk of the Court is directed to (1) file under seal the Notice of Lodgment 6 consisting of two (2) pages, and (2) lodge under seal Exhibit A thereto, the 7 Confidential 987 Transcript consisting of two hundred seventy (270) pages, 2. 8 The foregoing documents and the information therein constitute confidential 9 information which shall not be disclosed, in whole or part, to any person other 10 than the Court and Court staff and individually named counsel for the parties for 11 their use solely in connection with litigation of the habeas petition pending before 12 this Court, 3. 13 No publicly filed document shall include the above documents and/or the information therein unless authorized by the Court to be filed under seal, and 14 4. 15 All provisions of this order shall continue to be binding after the conclusion of 16 this habeas corpus proceeding and specifically shall apply in the event of a retrial 17 of all or any portion of Petitioner’s criminal case, except that either party 18 maintains the right to request modification or vacation of this order upon entry of 19 final judgment. 20 21 IT IS SO ORDERED. 22 Dated: October 28, 2015 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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