Beames v. Cullen

Filing 213

ORDER GRANTING Respondent's 211 Request to File Documents Under Seal, signed by Magistrate Judge Stanley A. Boone on 07/14/16. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN MICHAEL BEAMES,

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DEATH PENALTY CASE

Petitioner,
v.

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Case No. 1:10-cv-01429-DAD-SAB

ORDER GRANTING RESPONDENT’S
REQUEST TO FILE DOCUMENTS UNDER
SEAL

RON DAVIS, Warden of San Quentin State
Prison,

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(Doc. No. 211)
Respondent.

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Before the Court is respondent’s July 1, 2016 notice of request to file under seal (i) a
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request to seal documents, and (ii) a post-hearing brief on claim 11. Respondent states that the
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post-hearing brief should be sealed because it refers to confidential documents covered by the
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court’s October 29, 2015 sealing order relating to a “Confidential 987 Transcript.”

(See Doc.

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No. 145.)
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Respondent has served petitioner with the documents proposed for sealing. Petitioner has
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not opposed respondent’s sealing request and the time for doing so has passed. See Local Rule
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141(c).
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Accordingly, for good cause shown, it is hereby ORDERED that respondent’s request for
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a sealing order (Doc. No. 211) is GRANTED as follows:
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1.

The Clerk of the Court is directed to file under seal respondent’s (i) request to seal

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documents totaling two (2) pages, and (ii) post-hearing brief on claim 11 totaling
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seventy-two (72) pages,

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2.

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The foregoing documents and the information therein constitute confidential

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information which shall not be disclosed, in whole or part, to any person other

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than the court and court staff and individually named counsel for the parties for

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their use solely in connection with litigation of the habeas petition pending before

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this court,
3.

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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

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4.

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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 either party

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maintains the right to request modification or vacation of this order upon entry of

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final judgment.

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IT IS SO ORDERED.

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July 14, 2016
UNITED STATES MAGISTRATE JUDGE

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