Whalen v. Warden of San Quentin

Filing 28

ORDER Regarding Lodged Confidential State Records signed by Magistrate Judge Stanley A. Boone on 07/22/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL LEE WHALEN,

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Petitioner,
v.

Case No. 1:14-cv-01865-LJO-SAB
DEATH PENALTY CASE
ORDER REGARDING LODGED
CONFIDENTIAL STATE RECORDS

WARDEN, California State Prison at San
Quentin,

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Respondent.
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By this Court’s May 27, 2015 order following case management conference,

18 Respondent, Warden of San Quentin State Prison, was directed to lodge the state record, in
19 electronic (PDF-OCR) form, with the Court on or before July 15, 2015, accompanied by a
20 notice of lodging to be filed the same day. (ECF No. 26 at 2:3-5.)
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On July 10, 2015, Respondent, through counsel Catherine Nieto, Esq. of the California

22 Attorney General’s Office, filed notice of lodging and an index of state court records which
23 included lodged confidential (California Penal Code § 987/987.3/987.9) documents “provided
24 in paper format and under seal.” (ECF No. 27 at 3:24-4:1.)
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Documents may be sealed only by written order of the Court, following a specific

26 request to seal, making the showing required by applicable law and submitted in the
27 appropriate manner. Local Rule 141. This is so even if, as appears the case here, the subject
28 documents are confidential state court records. Id.; see California Penal Code § 987.9(d).
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Accordingly, Respondent shall comply with the requirements of Local Rule 141 for

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2 sealing the lodged confidential state records by not later than fourteen (14) days following the
3 filed date of this order.
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IT IS SO ORDERED.

6 Dated:

July 22, 2015
UNITED STATES MAGISTRATE JUDGE

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