Terhune v. State of California

Filing 26

ORDER GRANTING 25 Respondent's Request to Seal Lodged Documents, signed by Magistrate Judge Jennifer L. Thurston on 11/3/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CAMERON TERHUNE,

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Petitioner,
v.

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JOE LIZARRAGA,
Respondent.

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Case No.: 1:16-cv-00585 DAD JLT (HC)
ORDER GRANTING RESPONDENT’S REQUEST
TO SEAL LODGED DOCUMENTS
(Doc. 25)

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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 and a psychiatric evaluation. (Doc. 25) For the

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reasons set forth below, the 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 as well as a psychiatric report. (Doc. 25) This report is made confidential

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under California law (Cal. Pen Code § 1203.05) and contains personal identifiers which should not be

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subject to public view. See Premium Serv. Corp. v. Sperry & Hutchinson Co., 511 F.2d 225, 229 (9th

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Cir. 1975) (“[A] public policy against unnecessary public disclosure arises from the need, if the tax

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laws are to function properly, to encourage taxpayers to file complete and accurate returns.”); Gabel v.

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C.I.R., 134 F.3d 377 (9th Cir. 1998) (Social security numbers are part of tax return information and

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are confidential.) Likewise, the psychiatric report contains information that should be maintained as

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confidential given the nature of the information discussed in it. Thus, the Court finds a compelling

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need for these documents 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 documents (Doc. 25) is GRANTED.

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IT IS SO ORDERED.
Dated:

November 3, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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