Nailor v. California Department of Corrections and Rehabilitation et al

Filing 21

ORDER GRANTING MOTION TO FILE UNDER SEAL; STAYING MATTER PENDING APPOINTMENT OF COUNSEL FOR LIMITED PURPOSE by Judge Beth Labson Freeman. Granting 10 Administrative Motion to File Under Seal. (tshS, COURT STAFF) (Filed on 1/7/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 5:20-cv-00724-BLF Document 21 Filed 01/07/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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DUANE A. NAILOR,
Petitioner,

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v.
FISHER, Warden,
Respondent.

Case No. 20-00724 BLF (PR)
ORDER GRANTING MOTION TO
FILE UNDER SEAL; STAYING
MATTER PENDING
APPOINTMENT OF COUNSEL FOR
LIMITED PURPOSE
(Docket No. 10)

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Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction in Alameda County

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Superior Court. Dkt. No. 1. On August 10, 2020, Respondent filed an answer, Dkt. No. 9,

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and an administrative motion to file under seal a probation report pursuant to the California

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Rules of Court 8.45-8.47, which provides that personal information in a probation report is

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confidential. Dkt. No. 10 at 1, citing People v. Connor, 115 Cal.App.4th 669, 685 (2004).

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Good cause appearing, the motion is GRANTED.

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The Court has referred this matter to the Federal Pro Se Program for limited

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appointment of counsel for the purpose of conducting a competency hearing. Dkt. No. 20.

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This matter is hereby STAYED until counsel is appointed. If counsel disagrees with the

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sealing order above, the Court will consider a motion for reconsideration.

Case 5:20-cv-00724-BLF Document 21 Filed 01/07/21 Page 2 of 2

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This order terminates Docket No. 10.

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IT IS SO ORDERED.

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Dated:

January 7, 2021

________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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Order Granting Motion to File Under Seal; Staying Matter
P:\PRO-SE\BLF\HC.20\00724Nailor_stay&grant-seal.docx

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