Maury v. Martel
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 08/27/12 ordering respondent's 08/10/12 request to seal documents is granted. The clerk of the court is directed to: 1) file under seal respondent's 08/10/12 request to seal documents and proposed order; and 2) lodge under seal documents identified as lodged sealed document Nos 1 through 7 in respondent's request to seal filed 08/10/12. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT EDWARD MAURY,
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Petitioner,
No. CIV S-12-1043 WBS DAD
vs.
DEATH PENALTY CASE
WARDEN, San Quentin State
Prison
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Respondent.
ORDER
/
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Respondent seeks to lodge under seal with this court records that were maintained
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under seal by the California Supreme Court. (Dkt. No. 21.) Most of the documents in question
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contain medical information regarding petitioner’s family members. Another set of the
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documents contains information regarding juvenile arrest records. Petitioner has filed no
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opposition to respondent’s request to seal.
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The records respondent seeks to lodge with the court under seal contain
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confidential, personal information. While there is a presumption of public access to judicial
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records, this presumption may be overcome by a showing of a “real and substantial” privacy
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interest. Eugene S. v. HorizonBlue Cross Blue Shield of New Jersey, 663 F.3d 1124, 1135-36
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(10th Cir. 2011). Medical records are plainly confidential. Id. (sealing documents that included
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“the name of, and/or personal and private medical information”). Further, juvenile criminal
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records are not a matter of public record and are also confidential. See In re Gault, 387 U.S. 1,
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25 (1967); T.N.G. v. Superior Court, 4 Cal. 3d 767, 781 (1971) (presumption of innocence and
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the hazard that the information will be misused by third parties fully justifies a court’s refusal to
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disclose information regarding juvenile detentions).
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Accordingly, respondent’s August 10, 2012 Request to Seal Documents is
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granted. The Clerk of the Court is directed to: (1) file under seal respondent’s August 10, 2012
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Request to Seal Documents and Proposed Order; and (2) lodge under seal documents identified
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as Lodged Sealed Document Nos. 1 through 7 in respondent’s Request to Seal filed August 10,
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2012.
IT IS SO ORDERED.
DATED: August 27, 2012.
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maury lodged doc seal.or
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