Lenart v. Ornoski

Filing 189

ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/21/16 ordering respondent's July 11, 2016 request is granted. The clerk of the court is directed to file under seal the following items: (See order for further details on list of items to be sealed.)(Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS HOWARD LENART, Case No. 2:05-cv-1912 MCE-CKD DP 12 CAPITAL CASE Petitioner, 13 v. ORDER 14 15 ROBERT L. AYERS, JR., 16 Respondent. 17 18 Respondent requests the court lodged under seal state court records that were maintained 19 under seal by the California Supreme Court. Pursuant to Local Rule 141(c), petitioner had three 20 days from the date of service of respondent’s request to oppose it. He has not done so. 21 22 23 Good cause appearing, respondent’s July 11, 2016 request is granted. The Clerk of the Court is directed to file under seal the following items: (120) (AGO019223-AGO019237) (120) UNDER SEAL - Supplemental 24 Exhibits in Support of PWHC-2, Vol. XXXVII, Tab – Vol. XXV, Excerpts – 25 Tabs 87 & 89; filed 3/18/2015 [SuppExhsPWHC-2 – Vol. XXXVII]; 26 (121) (AGO019238-AGO019247) (121) UNDER SEAL - Supplemental 27 Exhibits in Support of PWHC-2 Vol. XXXVIII, Tab XXXI, Excerpt – Tab 28 107; filed 3/18/2015 [SuppExhsPWHC-2 – Vol. XXXVIII]; 1 Order (2:05-cv-1912 MCE-CKD DP) 1 (124) 2 SuppExhPWHC-2 Vol. XXXVII], filed 4/1/; (125) 5 (136) (140) (161) Perpetuate Testimony Lodged Under Seal, and Attachment B, “Declaration of 16 Lissa Gardner [UnderSeal - ExhSuppPWHC-3 – Vol. V-S], filed 3/28/2013; (186) 18 (AGO023891-AGO025905) (186) [UNDER SEAL] Supplemental Exhibits in Support of Pending PWHC-3, Vol. XXV (Vol. XIII – Excerpts Tabs 19 87 and 89) [UnderSeal - SuppExhsPWHC-3 – Vol. XXV], filed 3/18/2015; (186A) 21 (AGO025906) (186A) [UNDER SEAL] Copy of CD of electronic version of Vol. XXV Supplemental Exhibits in Support of Pending 22 PWHC-3 [Under Seal CD SuppExhsPWHC-3 – Vol. XXV], filed 3/18/2015; (187) 24 (AGO025907-AGO025916) (187) [UNDER SEAL] Supplemental Exhibits in Support of Pending PWHC-3, Vol. XXVI (Vol. XIX – Excerpt Tab 25 27 (161) UNDER SEAL – Exhibit in Support (AGO022050-AGO022069) of PWHC-3, Vol. V-S, Exh. 219 [“Petitioner’s Notice of Motion and Motion to 15 26 (140) UNDER SEAL - Copy of CD of Exh. 244 [UnderSeal - CD SuppExhsPWHC-2 – Vol. XLV], filed 7/15/2016; 14 23 (AGO020849-AGO020850) electronic version of Supplemental Exhs. in Support of PWHC-2, Vol. XLV, 12 20 (136) UNDER SEAL - Supplemental 7/15/2015 [UNDER SEAL SuppExhsPWHC-2 – Vol. XLV]; 11 17 (AGO020710-AGO020719) Exhibits in Support of PWHC-2, Vol. XLV, Exh. 244, pages, 556-560, filed 9 13 (125) UNDER SEAL - Copy of CD of electronic SuppExhPWHC-2 – Vol. XXXVIII], filed 3/18/2015; 8 10 (AGO019257) version of Exhs. in Support of PWHC-2, Vol. XXXVIII [UnderSeal - CD 6 7 (124) UNDER SEAL - Copy of CD of electronic version of Exhs. in Support of PWHC-2, Vols. XXXVII [UnderSeal - CD 3 4 (AGO019255) 107) [UNDER SEAL SuppExhsPWHC-3 Vol XXVI], filed 3/18/2015; (187A) (AGO025917) (187A) UNDER SEAL] Copy of CD of electronic version of Vol. XXVI Supplemental Exhibits in Support of Pending 28 2 Order (2:05-cv-1912 MCE-CKD DP) 1 PWHC-3 [UNDER SEAL CD SuppExhsPWHC-3 – Vol. XXVI], filed 2 3 3/18/2015; (199) 4 (199) [UNDER SEAL] Supplemental Exhibits in Support of PWHC-3, Vol. XXXIII (Exh. 262), pages 3930-4135 5 6 (AGO027374-AGO027383) (199A) [UnderSeal SuppExhs PWHC-3 – Vol. XXXIII], filed 7/15/2015; (AGO027384) (199A) [UNDER SEAL] Copy of CD of 7 electronic version of Vol. XXXIII (Exh. 262) of Supplemental Exhibits in 8 Support of PWHC-3 [UnderSeal CD SuppExhs PWHC-3 – Vol. XXXIII], filed 9 7/15/2015. 10 11 12 13 14 The Clerk of the Court is further directed to file under seal petitioner’s July 11, 2016 request to seal, proposed order, and declaration of service. IT IS SO ORDERED. Dated: July 21, 2016 15 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 Lenart lodged doc seal.or 27 28 3 Order (2:05-cv-1912 MCE-CKD DP)

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