(HC) Potts v. Gastelo

Filing 35

ORDER GRANTING Respondent's 32 Request to Seal Document, signed by Magistrate Judge Helena M. Barch-Kuchta on 06/7/2021. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN POTTS, 12 13 14 15 Case No. 1:20-cv-01236-NONE-HBK Petitioner, ORDER GRANTING RESPONDENT’S MOTION TO SEAL DOCUMENT v. (Doc. No. 32) DANNY SAMUEL, Respondent. 16 17 Petitioner Kevin Potts, a state prisoner proceeding pro se, initiated this action by filing a 18 petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). Petitioner is proceeding 19 on his first amended petition. (Doc. No. 19). Before the court is Respondent’s motion to seal a 20 document from the state court record. (Doc. No. 32). 21 There is a “strong presumption in favor of access to court records.” See Foltz v. State 22 Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). The presumption, however, is 23 not absolute and “can be overridden given sufficiently compelling reasons for doing so.” See id. 24 Respondent requests to file under seal one volume of Petitioner’s state court record that 25 contains the Confidential Clerk’s Transcript, which was sealed by the state court during 26 petitioner’s previous proceedings. (Doc. No. 32 at 1). The Transcript contains Petitioner’s 27 medical records and probation documents. (Id). Respondent states that he is permitted to 28 “transmit [the confidential transcript] only to the reviewing court and to appellate counsel for the 1 People and the defendant who was the subject of the report.” Cal. R. Ct. 8.45(d)(5). For good 2 cause shown, respondent’s request is granted. 3 Accordingly, it is ORDERED: 4 The Clerk of Court shall file the confidential clerk’s transcript under seal in accordance 5 with Local Rule 141. 6 7 IT IS SO ORDERED. 8 Dated: 9 10 June 7, 2021 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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