Rowe v. Copenhaver

Filing 20

Application and ORDER to SEAL PSR re 18 Notice, signed by Magistrate Judge Gary S. Austin on 8/13/13. (Gonzalez, R)

1 BENJAMIN B. WAGNER
United States Attorney
2 JUSTIN L. LEE
Assistant United States Attorney
3 501 “I” Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 Attorneys for Respondent
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OMAR ROWE,

CASE NO. 1:13-CV-00219-GSA (HC)
Petitioner,

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v.

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PAUL COPENHAVER, Warden,

APPLICATION AND [PROPOSED] ORDER TO
SEAL PSR

Respondent.

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TO THE HONORABLE GARY S. AUSTIN, UNITED STATES MAGISTRATE JUDGE:

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JUSTIN L. LEE, Assistant United States Attorney for the Eastern

20 District of California, applies to this Court and respectfully
21 represents as follows:
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1.

I have presented to this Court the Respondents Motion to

23 Dismiss, along with the germane exhibits.
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2.

Today I submitted to the Court directly, via electronic

25 mailing, a copy of the Petitioner’s Presentence Investigation Report
26 (PSR), as Attachment 6 to the Declaration of Forest Kelly in support
27 of Respondent’s Motion to Dismiss Petition for Writ of Habeas Corpus
28 Under 28 U.S.C. § 2241.
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Rowe v. Copenhaver
Case #1:13-cv-00219-GSA (HC)

3.

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The PSR should be filed under seal, under the rules of this

2 Court.
THEREFORE, the undersigned requests that the exhibit attached to

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4 the Respondent’s Motion to Dismiss Petition for Writ of Habeas Corpus
5 Under 28 U.S.C. § 2241 be sealed pursuant to Rule 460(a) of the Local
6 Rules.
7 DATED: August 12, 2013

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Justin L. Lee
JUSTIN L. LEE
Assistant U.S. Attorney

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O R D E R

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The Court hereby orders that Petitioner’s PSR, filed as

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15 Attachment 6 to the Declaration of Forest Kelly in support of
16 Respondent’s Motion to Dismiss Petition for Writ of Habeas Corpus
17 Under 28 U.S.C. § 2241, in the above-referenced case, shall be sealed
18 until further order of the Court.
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IT IS SO ORDERED.
Dated:

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August 13, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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Rowe v. Copenhaver
Case #1:13-cv-00219-GSA (HC)