Hunter v. Baca et al

Filing 44

ORDERED that petitioner's motion to reopen (ECF No. 39 ) is GRANTED. The clerk of the court is directed to reopen this action and to lift the stay. IT FURTHER IS ORDERED that the court's order of May 11, 2020 (ECF No. 30 ) re mains in effect for potential responses to the amended petition (ECF No. 40 ) and subsequent briefing. IT FURTHER IS ORDERED that petitioner's motion for leave to file exhibits under seal (ECF No. 43 ) is GRANTED. Signed by Judge Howard D. McKibben on 1/5/2022.(Copies have been distributed pursuant to the NEF - DRM)

Case 3:18-cv-00166-HDM-CLB Document 44 Filed 01/05/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LEO HUNTER,

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Case No. 3:18-cv-00166-HDM-CLB
Petitioner,

ORDER

v.
ISIDRO BACA, et al.,
Respondents.

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This is a stayed habeas corpus action under 28 U.S.C. § 2254. The court had stayed the

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action until petitioner Leo Hunter was ready to file his amended petition for a writ of habeas

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corpus. ECF No. 35. Hunter now has filed a motion to reopen and an amended petition. ECF

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No. 39, 40. The court finds good cause exists to grant Hunter's motion.

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Hunter also has filed a motion for leave to file exhibits under seal. ECF No. 43. The

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exhibits in question are hospital records and Hunter's presentence investigation report, both of

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which contain sensitive, confidential information. The court finds that compelling reasons exist

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to file these exhibits under seal, and the court grants the motion. See Kamakana v. City and

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County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006).

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IT THEREFORE IS ORDERED that petitioner's motion to reopen (ECF No. 39) is
GRANTED. The clerk of the court is directed to reopen this action and to lift the stay.

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Case 3:18-cv-00166-HDM-CLB Document 44 Filed 01/05/22 Page 2 of 2

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IT FURTHER IS ORDERED that the court's order of May 11, 2020 (ECF No. 30)

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remains in effect for potential responses to the amended petition (ECF No. 40) and subsequent

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briefing.

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IT FURTHER IS ORDERED that petitioner's motion for leave to file exhibits under seal
(ECF No. 43) is GRANTED.
DATED: January 5, 2022

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______________________________
HOWARD D. MCKIBBEN
United States District Judge

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