Lawton v. Muniz

Filing 36

ORDER Granting Respondent's 34 Request to File Documents under Seal signed by Magistrate Judge Jeremy D. Peterson on 04/28/2020. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES LAWTON,

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Petitioner,
v.
WILLIAM MUNIZ, Warden,

Case No. 1:17-cv-00737-DAD-JDP
ORDER GRANTING RESPONDENT’S
REQUEST TO FILE DOCUMENT UNDER
SEAL
ECF No. 34

Respondent.

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Petitioner Charles Lawton, a state prisoner without counsel, seeks a writ of habeas corpus

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under 28 U.S.C. § 2254. ECF No. 9. On July 24, 2019, respondent requested to file a document

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under seal pursuant to Local Rule 141(b). ECF No. 34-1. Petitioner has not filed an opposition to

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respondent’s request.

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In the Ninth Circuit, there is a “strong presumption in favor of access to court records.”

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See Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). However, the

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presumption is not absolute and “can be overridden given sufficiently compelling reasons for

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doing so.” See id. Here, respondent seeks to seal lodged document 94, the confidential clerk’s

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transcript on appeal, which was sealed by the state court during petitioner’s previous proceedings.

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ECF No. 34-1. Respondent states he is barred “from disclosing the contents of any materials that

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have been sealed in anything that is subsequently filed” under state court rules. See Cal. Rules of

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Court 8.46(d)(9). For good cause shown, respondent’s request is granted.
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IT IS SO ORDERED.

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Dated:
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April 28, 2020
UNITED STATES MAGISTRATE JUDGE

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No. 206.

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