Espinoza v. Ornoski

Filing 305

ORDER signed by Magistrate Judge Deborah Barnes on 3/14/2023 GRANTING 302 Motion for Extension of Time and GRANTING 301 Request to Seal. Parties shall file the Joint Statement as described in the 300 Order on or before 4/17/2023. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTONIO ESPINOZA,

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No. 2:94-cv-1665 KJM DB

Petitioner,

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v.

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ORDER

WARDEN, San Quentin State Prison,

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Respondent.

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Petitioner is a state prisoner proceeding through counsel with a petition for a writ of

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habeas corpus under 28 U.S.C. § 2254. Two motions are pending. First, petitioner moves for an

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extension of time to file the joint statement ordered on January 24. Petitioner explains that his

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counsel is waiting for evidence from petitioner’s co-defendant’s case in order to best assess the

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status of the present case. Respondent does not oppose the extension of time. Petitioner

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demonstrates good cause for additional time.
The second motion is petitioner’s request to file a motion under seal. The subject motion

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involves petitioner’s confidential medical records.1 Therefore, this court finds sealing

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appropriate. See James v. Servicesource, Inc., No. CIV.A. 3:07CV317, 2007 WL 4190794, at *4

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(E.D. Va. Nov. 21, 2007) (sealing of a party’s medical records is appropriate).

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This court issues a sealed order explaining petitioner’s motion, and the basis for sealing, in more
detail.
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Good cause appearing, IT IS HEREBY ORDERED that

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1. Petitioner’s motion for an extension of time (ECF No. 302) is granted. On or before

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April 17, 2023, the parties shall file the joint statement described in the court’s January 24 order.

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2. Petitioner’s motion to seal (ECF No. 301) is granted. The Clerk of the Court is

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directed to file under seal the request to seal, the accompanying motion, and the proposed orders

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submitted by petitioner’s counsel to this court on February 3, 2023.

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Dated: March 14, 2023

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DLB:9
DB prisoner inbox/capital/espinoza.sts rpt eot

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