Silvas-Rodriguez v. Apker

Filing 21

ORDER Sealing Attachment 5 to Respondent's Motion to Dismiss 18 , signed by Magistrate Judge Sheila K. Oberto on 10/5/18. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HERBER MARTIN SILVASRODRIGUEZ,
Petitioner,

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No. 1:18-cv-00620-SKO (HC)

ORDER SEALING ATTACHMENT 5 TO
RESPONDENT'S MOTION TO DISMISS

v.
CRAIG APKER, Warden,

(Doc. 18)
Respondent.
Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241. On October 4, 2018, Respondent filed a motion to seal a presentence
report (“PSR”) pursuant to Local Rule 141(b). (Doc. 18.)

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The Court has the authority to exercise its discretion to seal documents and set appropriate
limits upon access to records and files. Fed. R. Civ. P. 26(c); Local Rule 141(a); Nixon v. Warner

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Commc’ns, Inc., 435 U.S. 589, 598 (1978); Hagestad v. Tragesser, 49 F.3d 1430, 1433-34 (9th Cir.

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1995). In determining whether to seal documents, the Court should consider the interests advanced

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by the parties in light of the public interest and the duty of the courts. Nixon, 435 U.S. at 602;

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Hagestad, 49 F.3d at 1434. In the Ninth Circuit, there is a strong presumption in favor of access to

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court records. See Foltz v. State Farm. Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)
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(stipulated order without more insufficient basis to seal court records). However, the right to access

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is not absolute and can be overridden where there are sufficiently compelling reasons. Id.

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Here, Respondent seeks to file under seal a PSR that was prepared in connection with
Petitioner’s underlying criminal case. Pursuant to Local Rule 460(a), a PSR is a confidential record

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of the United States District Court. Consequently, Respondent’s motion to file the report under
seal will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Respondent’s request to seal attachment 5 to Respondent’s motion to dismiss and

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response to 28 U.S.C. § 2241 is GRANTED; and

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2. Respondent is directed to submit the documents to be sealed to the Clerk of the Court

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as set forth in Rule 141(e)(2)(i) of the Local Rules of the United States District Court

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for the Eastern District of California.

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IT IS FURTHER ORDERED that electronic access to the sealed documents shall be

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limited to Respondent and Petitioner.

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IT IS SO ORDERED.

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Dated:

October 5, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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