Nicholson v. Baker et al

Filing 42

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