Cortinas v. State Of Nevada

Filing 25

ORDER granting ECF No. 24 Motion for Access. Clerk directed to unseal non-public entry dated 3/23/17. Signed by Judge Larry R. Hicks on 12/5/2017. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ARMANDO B. CORTINAS, JR.,

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Petitioner,
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v.
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JO GENTRY, et al.
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Respondents.
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___________________________________ )

3:10-CV-00439-LRH-RAM
ORDER

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Petitioner initiated this action on July 16, 2010, by filing a pro se document entitled

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“Application For Certificate of Appealability.” (ECF No. 1). Two internal court docketing notes,

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dated October 26, 2010, and November 1, 2010, reflect that the Clerk’s Office sent petitioner

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correspondence related to his application, along with a 28 U.S.C. § 2254 form petition. On

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March 22, 2017, petitioner, through the Federal Public Defender, filed a motion for leave to

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amend. On October 30, 2017, the Court directed the petitioner to file a supplemental brief

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setting forth additional argument and evidence related to his motion. (See ECF No. 23).

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On November 20, 2017, petitioner filed a “Motion for Access to Specific Non-Public

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Internal Court Records and Correspondence.” (ECF No. 24). In the motion, petitioner asks

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the Court to allow him to review its internal docket notes dated October 26, 2010, and

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November 1, 2010, as well as any other docketing notes that exist in this case. Petitioner

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further asks the Court to “provide him with copies of any relevant correspondence that does

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not already appear on the public docket in this case, specifically any correspondence that the

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Court or its clerk’s office drafted, sent to Mr. Cortinas, attempted to send to Mr. Cortinas, or

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received from Mr. Cortinas.” (Id. at 2-3).

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Good cause appearing, IT IS ORDERED that petitioner’s motion for access (ECF No.

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24) is hereby GRANTED. The court’s internal docketing notes dated October 26, 2010, and

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November 1, 2010, have been made available to public access by the Clerk of Court, with no

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editing, including of the "non-public" designation. The Clerk is further directed to unseal the

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additional non-public entry dated March 23, 2017. Petitioner is advised that no

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correspondence between the Court or the Clerk’s Office and petitioner has been preserved.

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Petitioner is further advised that the docket does not reflect where the Clerk mailed the

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correspondence of November 1, 2010. However, as a matter of practice, the Clerk sends

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correspondence to the petitioner at the last address on the docket.

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IT IS SO ORDERED.

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DATED: this 5th day of December, 2017.
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_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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