Yaag v. LeGrand et al
ORDER denying ECF No. 47 Motion for clerk to present correspondence to his counsel; granting ECF No. 50 Motion to File an Exhibit Under Seal; granting ECF No. 53 Motion for an Enlargement of Time to file; Respondents to file a response to the Amended Petition by 11/9/2017. Signed by Judge Miranda M. Du on 10/11/2017. (Copies have been distributed pursuant to the NEF - KW)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
DONALD STEVEN YAAG,
Case No. 3:14-cv-00295-MMD-WGC
ROBERT LeGRAND, et al.,
This represented habeas matter under 28 U.S.C. § 2254 comes before the Court
on petitioner’s in proper person motion for the Clerk to present correspondence to his
counsel (ECF No. 47), petitioner’s counseled motion to file an exhibit under seal (ECF
No. 50), and respondents’ motion for an enlargement of time (ECF No. 53).
Petitioner’s proper person motion will be denied. Petitioner needs to protect the
confidentiality of his communications with counsel in order to preserve attorney-client and
other privileges. He cannot do so by filing communications with counsel in the record in
this matter and/or by trying to communicate with counsel through the Court or Clerk. While
clients often become frustrated with attorneys’ failure to communicate with them as timely
and as often as they would like, this failure often results from the fact that the attorneys
are busy trying to do the work required to represent their clients. In all events, petitioner
cannot communicate with counsel through the Clerk.
The remaining motions will be granted as per the remaining disposition paragraphs
of this order.
It therefore is ordered that petitioner’s in proper person motion (ECF No. 47) for
the Clerk to present correspondence to his counsel is denied.
It further is ordered that petitioner’s counseled motion to file an exhibit under seal
(ECF No. 50) is granted, with the Court finding, in accordance with the requirements of
Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), that a
compelling need to protect the medical privacy and/or personal identifying information of
petitioner, the victim, and potentially others with regard to the sealed exhibit outweighs
the public interest in open access to court records.
It further is ordered that respondents’ motion for an enlargement of time (ECF No.
53) is granted and the time for respondents to file a response to the amended petition is
extended up to and including November 9, 2017.
DATED THIS 11th day of October 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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