Grow v. Dzurenda et al

Filing 28

ORDER granting ECF No. 26 Motion for Leave to File Exhibits in Camera and Under Seal. Exhibits 108, 109 and 11 filed under seal ECF No. 27 , no further action is necessary. Signed by Judge Miranda M. Du on 11/19/2018. (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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JOSHUA RYAN GROW,

Case No. 3:17-cv-00637-MMD-WGC
Petitioner,

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ORDER

v.
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JAMES DZURENDA, et al.,
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Respondents.
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In this habeas corpus action, Respondents filed an answer, along with several

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exhibits, on November 5, 2018 (ECF Nos. 24, 25, 27). With their answer, Respondents

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filed a motion for leave to file certain exhibits under seal (ECF No. 26). In that motion,

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Respondents request leave of court to file under seal copies of certain documents filed

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under seal in state court (Exhibits 108, 109 and 111).

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There is a strong presumption in favor of public access to judicial filings and

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documents. See Nixon v. Warner Commc’n, Inc., 435 U.S. 589, 597 (1978); see also

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Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006); Foltz v.

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State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1134 (9th Cir. 2003). However, a court has

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inherent power over its own records and files, and access may be denied where the court

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determines that the documents may be used for “improper purposes.” Nixon, 435 U.S. at

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598; Hagestad v. Tragesser, 49 F.3d 1430, 1433–34 (9th Cir. 1995); Kamakana, 447 F.3d

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at 1179; see also Fed. R. Civ. P. 5.2(d); LR IA 10-5.

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The three documents that Respondents wish to file under seal were filed under seal

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in state court. Respondents represent that public access to these documents would result

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in a security threat within the prison where the Petitioner is incarcerated. Respondents

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have shown compelling reasons for filing these materials under seal.

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

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Camera and Under Seal (ECF No. 26) is granted. Respondents are granted leave of court

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to file their Exhibits Number 108, 109 and 111 under seal. As those exhibits have already

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been filed under seal (ECF No. 27), no further action is necessary in this regard.

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DATED THIS 19th day of November 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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