Banuelos v. Smith et al

Filing 34

ORDER granting Petitioner's 33 motion to seal. Signed by Judge Miranda M. Du on 10/04/2013. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ENRIQUE BANUELOS,

Case No. 3:11-cv-00896-MMD-VPC
Petitioner,

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ORDER

v.
GREG SMITH, et al.,
Respondents.

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This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. §
2254, by a Nevada state prisoner represented by counsel.

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On October 3, 2013, through counsel, petitioner filed his second amended

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petition and supporting exhibits. (Dkt. nos. 29-32.) Concurrent with the filing of the

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second amended petition, petitioner brought a motion for leave to file a document under

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seal. (Dkt. no. 33.) Petitioner seeks to file under seal a copy of his presentence report

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containing confidential information, and submitted the presentence report under seal for

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in camera review. (Dkt. no. 32.)

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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). A

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party may have a judicial record sealed by demonstrating compelling reasons that

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outweigh the public policy favoring disclosure. See Kamakana v. City and County of

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Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006).

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The presentence report of petitioner was submitted in support of his second

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amended petition. (Dkt. nos. 29 and 32.) The presentence report contains confidential

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information concerning petitioner, as defined under NRS 176.156. On balance, the

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potential harm to petitioner’s interests outweighs the public’s right to access the

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presentence report. Petitioner has made an adequate showing of compelling reasons

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to keep the presentence report sealed. Accordingly, the Court grants petitioner’s motion

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to seal his presentence report. The presentence report, which was submitted for in

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camera review, will remain sealed.

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It is therefore ordered that petitioner’s motion to seal his presentence report (dkt.

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no. 33) is granted. The Clerk of Court shall keep petitioner’s presentence report (dkt.

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no. 32) under seal.

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DATED THIS 4th day of October 2013.

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MIRANDA M DU
MIRANDA M.
A
UNITED STATES DISTRICT JUDGE