Oflaherty v. Neven et al

Filing 23

ORDER. IT IS ORDERED that this action shall be dismissed without prejudice. IT FURTHER IS ORDERED that 15 respondents' unopposed motion for leave to file exhibits in camera and under seal is GRANTED. IT FURTHER IS ORDERED that all remaining p ending 12 , 17 motions are DENIED without prejudice as moot. The clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge James C. Mahan on 11/15/2017. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MEREDITH OFLAHERTY,
Petitioner,

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2:16-cv-01985-JCM-NJK
ORDER

vs.
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WARDEN NEVEN, et al.,

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Respondents.

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Court mail has been returned from the last institutional address given by petitioner with

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a notation indicating that she no longer is at the institution. The inmate locator on the state

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corrections department’s website reflects that petitioner had been released on parole.

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Petitioner has not filed an updated notice of change of address. As petitioner has failed to

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comply with LR IA 3-1 of the local rules, which requires that she immediately file written

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notification of any change of address,

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IT THEREFORE IS ORDERED that this action shall be dismissed without prejudice.

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IT FURTHER IS ORDERED that respondents’ unopposed motion (ECF No. 15) for

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leave to file exhibits in camera and under seal is GRANTED. The court finds, in accordance

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with the requirements of Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir.

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2006), that a compelling need to protect the privacy and/or personal identifying information

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of petitioner, the victim and others with regard to the sealed presentence investigation report

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and substance abuse evaluation outweighs the public interest in open access to court

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records. In camera submission further was warranted when the motion was filed.

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IT FURTHER IS ORDERED that all remaining pending motions (ECF Nos. 12 & 17)
are DENIED without prejudice as moot.
The clerk shall enter final judgment accordingly, dismissing this action without
prejudice.
DATED: November 15, 2017.

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_________________________________
JAMES C. MAHAN
United States District Judge

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