Crawford v. Spearman

Filing 18

ORDER Granting Respondent's Request to Seal the Probation Report re 17 , signed by Magistrate Judge Jennifer L. Thurston on 6/17/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MELVIN JOEL CRAWFORD,
Petitioner,

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v.

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M.E. SPEARMAN,
Respondent.

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Case No.: 1:15-cv-00544 LJO JLT
ORDER GRANTING RESPONDENT’S REQUEST
TO SEAL THE PROBATION REPORT
(Doc. 17)

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Before Court is the request, lodged by Respondent to file under seal the probation report

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prepared in Petitioner’s underlying criminal matter. (Doc. 17) For the reasons set forth below, the

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request is GRANTED.

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I.

Legal Authority

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Generally, documents filed on the docket are presumed to be available to the public. EEOC v.

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Erection Co., 900 F.2d 168, 170 (9th Cir. 1990); see also Kamakana v. City and County of Honolulu,

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447 F.3d 1172, 1178 (9th Cir.2006); Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1134 (9th

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Cir.2003). Documents may be sealed only when the compelling reasons for doing so outweigh the

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public’s right of access. EEOC at 170. In evaluating the request, the Court considers the “public

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interest in understanding the judicial process and whether disclosure of the material could result in

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improper use of the material for scandalous or libelous purposes or infringement upon trade secrets.”

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Valley Broadcasting Co. v. United States District Court, 798 F.2d 1289, 1294 (9th Cir. 1986).
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Here, Respondent seeks to file under seal the probation report prepared in Petitioner’s

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underlying criminal matter. (Doc. 17) This report is made confidential under California law (Cal. Pen

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Code § 1203.05) and contains personal identifiers which should not be subject to public view. See

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Premium Serv. Corp. v. Sperry & Hutchinson Co., 511 F.2d 225, 229 (9th Cir. 1975) (“[A] public

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policy against unnecessary public disclosure arises from the need, if the tax laws are to function

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properly, to encourage taxpayers to file complete and accurate returns.”); Gabel v. C.I.R., 134 F.3d

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377 (9th Cir. 1998) (Social security numbers are part of tax return information and are confidential.)

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Thus, the Court finds a compelling need for this document to remain confidential.

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ORDER

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Based upon the foregoing, the Court ORDERS:

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Defendants’ request to file under seal Lodged Document #17 (Doc. 17) is GRANTED.

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IT IS SO ORDERED.
Dated:

June 17, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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