Lenart v. Ornoski

Filing 142

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/3/2014 GRANTING Petitioner's unopposed Request to Seal. The Clerk is DIRECTED to file on the public docket petitioner's request for leave to submit motion and documents ex parte and u nder seal and the proposed order. The clerk is DIRECTED to file under seal petitioner's ex parte application for ruling on discovery of specific documents. Petitioner shall disclose to respondent all documents in exhibit B-1 to his application. Petitioner need not disclose the document in exhibit C. (Donati, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

THOMAS HOWARD LENART,

12

Petitioner,

13
14

No. 2:05-cv-1912 MCE CKD
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

15

ORDER

Respondent.

16
Petitioner has submitted three documents to this court’s “proposed orders” e-mail box: a

17
18

Request for Leave to Submit Motion and Documents Ex Parte and Under Seal; an Ex Parte

19

Application for Ruling on Discovery of Specific Documents; and a Proposed Order regarding the

20

sealing request. Petitioner’s “Request” is the same as the “Notice of Request to Seal Documents”

21

described in Local Rule 141(b). That notice should be filed publicly. The court notes that

22

petitioner served it on respondent and that petitioner states respondent does not object to the

23

sealing request. The “Ex Parte Application” shall be filed under seal.
The court has considered petitioner’s Ex Parte Application for Ruling on Discovery and

24
25

finds that petitioner shall disclose to respondent all documents in Exhibit B-1 to the Application.1

26
27
28

1

Petitioner asserts that the redactions to the documents in Exhibit B-1 were made to protect
confidential material which is not relevant to respondent’s discovery requests. Petitioner did not
ask the court to consider the relevance of the redacted material and the court did not do so.
1

1

Because it does not fall within the scope of discovery, petitioner need not provide respondent

2

with the document in Exhibit C. As set out in Rule 141(d), this court is also filing a more detailed

3

order under seal.

4

Good cause appearing, IT IS HEREBY ORDERED as follows:

5

1. The Clerk of the Court is directed to file on the public docket petitioner’s Request for

6

Leave to Submit Motion and Documents Ex Parte and Under Seal and the Proposed

7

Order, both of which were submitted to the court by e-mail on January 27, 2014.

8

2. Petitioner’s unopposed Request to Seal is granted.

9

3. The Clerk of the Court is directed to file under seal petitioner’s Ex Parte Application

10

for Ruling on Discovery of Specific Documents which was submitted to the court by

11

e-mail on January 27, 2014.

12
13
14

4. Petitioner shall disclose to respondent all documents in Exhibit B-1 to his Application.
Petitioner need not disclose the document in Exhibit C.
Dated: February 3, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26

lenart in cam.or

27
28
2