Gonzales v. Gentry et al

Filing 12

ORDER that 10 respondents' Motion for Leave to File Exhibits Under Seal is GRANTED. Signed by Chief Judge Gloria M. Navarro on 5/22/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ALFRED CHRISTOPHER GONZALES,

Case No. 2:18-cv-00266-GMN-PAL

Petitioner,

ORDER

v.

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JO GENTRY, et al.,
Respondents.

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This action is a pro se petition for a writ of habeas corpus, pursuant to 28 U.S.C.

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§ 2254, by Alfred Christopher Gonzales, a Nevada prisoner. The respondents filed a

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motion to dismiss (ECF No. 7) on May 14, 2018. Gonzales’ response to the motion to

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dismiss is due on July 16, 2018. See Order entered February 14, 2018 (ECF No. 3).

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With their motion to dismiss, respondents filed a motion for leave to file exhibits

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under seal (ECF No. 10). In that motion, respondents request leave of court to file under

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seal copies of three presentence investigation reports regarding Gonzales (Exhibits 11,

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12 and 13). There is a strong presumption in favor of public access to judicial filings and

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documents. See Nixon v. Warner Communication, Inc., 435 U.S. 589, 597 (1978); see

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also Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006);

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Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1134 (9th Cir. 2003). However,

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the court has inherent power over its own records and files, and access may be denied

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where the court determines that the documents may be used for “improper purposes.”
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See Nixon, 435 U.S. at 598; Kamakana, 447 F.3d at 1179; Hagestad v. Tragesser, 49

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F.3d 1430, 1433-34 (9th Cir. 1995). Under Nevada law, a presentence investigation report

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is confidential, and is not to be made part of a public record. See NRS 176.156(5).

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Presentence investigation reports contain sensitive confidential information that may be

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misused. In light of the state law, and in light of respondents’ concerns regarding the

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confidentiality of these materials, the Court finds that there is good cause for these

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exhibits to be filed under seal.

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IT IS THEREFORE ORDERED that respondents’ Motion for Leave to File Exhibits

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Under Seal (ECF No. 10) is GRANTED. Respondents are granted leave of court to file

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Exhibits 11, 12 and 13 under seal. As those exhibits have already been filed under seal

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(ECF No. 11), no further action is necessary in this regard.

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May
DATED THIS ___ day of ______________________, 2018.

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GLORIA M. NAVARRO,
CHIEF UNITED STATES DISTRICT JUDGE

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