Nicholson v. Baker et al
Filing
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ORDER that the motion for leave to file Exhibits 4 and 5 under seal (ECF No. 40 ) is granted, and Exhibits 4 and 5 are considered properly filed under seal. Signed by Judge Miranda M. Du on 3/5/2019. (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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***
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RICHARD NICHOLSON,
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Case No. 3:16-cv-00486-MMD-WGC
Petitioner,
v.
ORDER
RENEE BAKER, et al.,
Respondents.
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This counseled habeas petition comes before the Court on Petitioner’s motion for
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leave to file Exhibits 4 and 5 under seal (ECF No. 40). Exhibit 4 consists of Petitioner’s
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medical records and Exhibit 5 is his presentence investigation report, both of which
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contain confidential information. In accordance with the requirements of Kamakana v. City
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and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), the Court finds that a compelling
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need to protect the privacy and/or personal identifying information of Petitioner in the
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sealed exhibits outweighs the public interest in open access to court records. The motion
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for leave to file Exhibits 4 and 5 under seal (ECF No. 40) is therefore granted, and Exhibits
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4 and 5 are considered properly filed under seal.
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DATED THIS 5th day of March 2019.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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