Williams v. Baker et al

Filing 68

ORDER that Respondents' Motion for Leave to File Presentence Report Under Seal and in camera ECF No. 67 is granted; Clerk directed to separately file the presentence investigation report ECF No. 67 -1, under seal, as Exhibit 91; Clerk directed to substitute William Gittere for Isidro Baca on the docket for this case. Signed by Judge Miranda M. Du on 10/16/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MATHEW LEE WILLIAMS,

Case No. 3:16-cv-00505-MMD-CBC
Petitioner,

ORDER

v.

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WILLIAM GITTERE, et al.,
Respondents.

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In this habeas corpus action, Respondents filed an answer (ECF No. 66) on

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October 15, 2018. The pro se Petitioner, Nevada prisoner Mathew Lee Williams, is to file

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a reply to the answer by December 14, 2018. (See Order entered June 30, 2017 (ECF

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No. 38).)

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On October 15, 2018, Respondents also filed a motion for leave of court to file

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Williams’s presentence report under seal and in camera (ECF No. 67). In that motion,

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Respondents request leave of court to file a copy of Williams’ presentence investigation

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report (Exhibit 91) under seal. There is a strong presumption in favor of public access to

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judicial filings and documents. See Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597

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(1978); see also Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir.

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2006); Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1134 (9th Cir. 2003).

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However, the court has inherent power over its own records and files, and access may

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be denied where the court determines that the documents may be used for “improper

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purposes.” See Nixon, 435 U.S. at 598; Kamakana, 447 F.3d at 1179; Hagestad v.

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Tragesser, 49 F.3d 1430, 1433-34 (9th Cir. 1995). Under Nevada law, a presentence

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investigation report is confidential, and is not to be made part of a public record. See NRS

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§ 176.156(5). The presentence investigation report contains sensitive confidential

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information concerning Williams and others, and Respondents state that its disclosure in

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prison could cause security threats. In view of the state law, and Respondents’ concerns

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regarding the confidentiality of the presentence investigation report, the Court finds that

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there is good cause for it to be filed under seal.

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It is therefore ordered that Respondents’ Motion for Leave to File Presentence

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Report Under Seal and in camera (ECF No. 67) is granted. Respondents are granted

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leave of court to file Exhibit 91 under seal.

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It is further ordered that the Clerk of the Court is directed to separately file the
presentence investigation report (ECF No. 67-1), under seal, as Exhibit 91.

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It is further ordered that, pursuant to Federal Rule of Civil Procedure 25(d), the

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Clerk of the Court substitute William Gittere for Isidro Baca, on the docket for this case,

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as the respondent warden.

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DATED THIS 16th day of October 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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