Santiago v. Johnson et al

Filing 93

ORDER. IT IS THEREFORE ORDERED that the respondents' 81 , 81 motions to seal are GRANTED. The Clerk of Court is directed to seal the following docket entries: ECF Nos. 39 -1, 40 -1, 41 -1, 42 -1, 43 -1, 46 -1, 47 -1, 48 -1, 49 -1, 50 -1, and 57 -7. Signed by Judge Andrew P. Gordon on 9/24/2024. (Copies have been distributed pursuant to the NEF - ALZ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Paul Santiago,
v.

Case No. 2:21-cv-00896-APG-NJK
Petitioner,

Calvin Johnson, et. al,

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Respondents.

ORDER

[ECF Nos. 80, 81]

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The respondents filed two motions to seal in relation to the state court record they filed

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with this court. The first motion asks that certain exhibits filed by the petitioner in his state post-

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conviction proceeding be sealed. ECF No. 80. These exhibits include medical and psychiatric

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records of a minor victim and the petitioner’s employment file. The second motion asks that a

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transcript of a state post-conviction evidentiary hearing be sealed because it contains the

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unredacted full name of the minor in several places. ECF No. 81. The petitioner has not filed an

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opposition to either motion.

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As to the first motion, I find that compelling reasons exist to have these documents filed

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under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). As to

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the second motion, the respondents subsequently filed a properly redacted transcript. ECF No.

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82. Based on that version of the transcript, it appears that at least some, if not all, of the pages in

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the earlier-filed transcript that contain the victim’s name have already been removed. See ECF

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No. 57-7 at 67, 86, 91, 101, 109, 120, 138. However, out of an abundance of caution, I will

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order the earlier-filed transcript to be filed under seal, as well.

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I THEREFORE ORDER that the respondents’ motions to seal [ECF Nos. 80, 81] are

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GRANTED. The Clerk of Court is directed to seal the following docket entries: ECF Nos. 39-

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1, 40-1, 41-1, 42-1, 43-1, 46-1, 47-1, 48-1, 49-1, 50-1, and 57-7.

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Dated: September 24, 2024.

__________________________________
U.S. District Judge Andrew P. Gordon

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