Manley v. Baker et al

Filing 20

ORDER granting ECF No. 19 Motion to Seal petitioner's presentence investigation report labeled as Exhibit 5 in ECF No. 18 Response. Respondents shall file exhibit under seal and serve supplemental exhibits by 12/29/2017. Signed by Judge Larry R. Hicks on 11/29/2017. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 5 6 7 8 CHARLES MANLEY, 3:15-cv-00083-LRH-WGC Petitioner, 9 ORDER 10 vs. 11 TIMOTHY FILSON, et al., 12 Respondents. 13 14 For good cause shown, 15 IT IS ORDERED that respondents motion (ECF No. 19) to file under seal is GRANTED with 16 regard to petitioner’s presentence investigation report labeled as Exhibit 5. The Court finds, in 17 accordance with the requirements of Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th 18 Cir. 2006), that a compelling need to protect the privacy and/or personal identifying information of 19 petitioner, the victims, and others with regard to the sealed exhibit outweighs the public interest in open 20 access to court records. 21 22 IT FURTHER IS ORDERED that, within thirty (30) days of entry of this order, respondents shall file the exhibit under seal. 23 IT FURTHER IS ORDERED that, within the same deadline, respondents shall file and serve 24 supplemental exhibits containing copies of the prior judgments of conviction filed at petitioner’s 25 sentencing. (See ECF No. 18-4; Exhibit No. 3, at electronic docketing page 5.) 26 DATED this 29th day of November, 2017. 27 28 ___________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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