KEVIN JAMES LISLE v. E.K. MCDANIEL
Filing
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ORDER - FPD's Motion for Leave to File Under Seal (ECF No. 415 ) is granted. As the subject documents have already been filed under seal (ECF Nos. 418 , 419 ), no further action is necessary in this regard. Signed by Chief Judge Miranda M. Du on 9/23/2020. (Copies have been distributed pursuant to the NEF - AB)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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KEVIN JAMES LISLE,
Case No. 2:03-cv-1006-MMD-CWH
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Petitioner,
ORDER
v.
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WILLIAM GITTERE, et al.,
Respondents.
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In this capital habeas corpus action, Petitioner Kevin James Lisle has filed, pro se,
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a motion to waive further proceedings and voluntarily dismiss this action. (ECF No. 359.)
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An evidentiary hearing regarding that motion is scheduled to commence on October 22,
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2020. (ECF Nos. 402, 407.)
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On September 22, 2020, Respondents and the Federal Public Defender (“FPD”)
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filed prehearing briefs (ECF Nos. 414, 418, 419, 420) and preliminary exhibit and witness
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lists (ECF Nos. 416, 421, 422).
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In addition, on September 22, 2020, the FPD filed a Motion for Leave to File Under
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Seal requesting leave of court to file, under seal, their unredacted prehearing brief and
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Exhibits 46, 85, and 86. (ECF No. 415.) There is a strong presumption in favor of public
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access to judicial filings and documents. See Nixon v. Warner Communication, Inc., 435
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U.S. 589, 597 (1978); see also Kamakana v. City and County of Honolulu, 447 F.3d 1172,
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1178 (9th Cir. 2006). However, a federal court has inherent power over its own records
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and files, and access may be denied where the court determines that the documents may
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be used for “improper purposes.” See Nixon, 435 U.S. at 598; see also Kamakana, 447
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F.3d at 1179. The Court finds that there is good cause for the FPD’s prehearing brief and
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Exhibits 46, 85, and 86 to be filed under seal, as those documents contain information
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regarding Lisle’s mental health.
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It is therefore ordered that the FPD’s Motion for Leave to File Under Seal (ECF No.
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415) is granted. As the subject documents have already been filed under seal (ECF Nos.
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418, 419), no further action is necessary in this regard.
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DATED THIS 23rd Day of September 2020.
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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
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