Sepulveda v. Swarthout

Filing 20

ORDER granting 18 Motion to Seal Documents signed by Magistrate Judge Jennifer L. Thurston on 8/22/2013. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ONTIVEROS SEPULVEDA,

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Petitioner,
v.
SWARTHOUT, Warden,
Respondent.

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Case No.: 1:13-cv-00723-JLT
ORDER GRANTING RESPONDENT’S MOTION
TO SEAL DOCUMENTS (Doc. 18)
ORDER DIRECTING CLERK OF COURT TO
FILE DOCUMENTS UNDER SEAL

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Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
DISCUSSION
The instant petition was filed on May 16, 2013. (Doc. 1). On June 11, 2013, the Court ordered

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Respondent to file a response. (Doc. 8). On August 9, 2013, Respondent filed the Answer.

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14). On August 16, 2013, Respondent lodged documents with the Court related to the Answer. (Doc.

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17). Contemporaneous with the lodging of documents, Respondent filed the instant motion to seal the

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following six documents lodged with the Answer: (1) psychological evaluation filed September 9,

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2008; (2) Medication Recommendation, filed October 20, 2008; (3) Competency report filed March 6,

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2009; (4) certification of mental competence, filed June 17, 2009; (5) psychological evaluation filed

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October 9, 2009; and (6) probation officer’s report filed June 2, 2010. (Doc. 18). Respondent’s

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motion alleges that the above-cited six documents were originally filed in Petitioner’s criminal trial
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(Doc.

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under seal and that, under state law, the documents are confidential. Respondent requests that the six

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documents remain sealed until the conclusion of this case or until the Court finds that the documents

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should be unsealed under Local Rule 141(f).

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Accordingly, GOOD CAUSE having been shown, the Court HEREBY ORDERS as follows:

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1. Respondent’s motion to lodge documents under seal (Doc. 18), is GRANTED; and,

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2. The Clerk of the Court is DIRECTED to lodge the above-mentioned documents under seal
pending further order of this Court.

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IT IS SO ORDERED.
Dated:

August 22, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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