Owens v. Gittere et al

Filing 60

ORDER - It is therefore ordered that Respondents have until December 16, 2024, to file, as a sealed exhibit, all Presentence Investigative Reports submitted for the state-court proceedings in this matter. It is further ordered that Petitioner will have 15 days after Respondents file the supplemental exhibit to admit or deny the correctness of that exhibit. Signed by Judge Miranda M. Du on 11/26/2024. (Copies have been distributed pursuant to the NEF - DLS)

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5

***

6
7
8
9
10

DARIAN OWENS,

Case No. 3:21-cv-00307-MMD-CSD
Petitioner,

v.

ORDER

WILLIAM A. GITTERE, et al.,
Respondents.

11

This habeas matter is poised for merits review. Respondents omitted from their

12

state-court record exhibits a copy of the Presentence Investigation Report (“PSI”). (See

13

ECF No. 23-23.) See also Rules Governing Section 2254 Cases, Rule 7; McDaniels v.

14

Kirkland, 813 F.3d 770, 773 (9th Cir. 2015) (holding federal habeas courts “may consider

15

the entire state-court record . . ..”); Nasby v. McDaniel, 853 F.3d 1049, 1052-54 (9th Cir.

16

2017) (remanding to the district court to consider the entire state court record). The PSI

17

is “confidential and must not be made a part of any public record.” NRS § 176.156(5).

18

Under Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and its

19

progeny, a compelling need to protect Petitioner’s safety, privacy, and/or personal

20

identifying information outweighs the public interest in open access to court records.

21

It is therefore ordered that Respondents have until December 16, 2024, to file, as

22

a sealed exhibit, all Presentence Investigative Reports submitted for the state-court

23

proceedings in this matter. It is further ordered that Petitioner will have 15 days after

24

Respondents file the supplemental exhibit to admit or deny the correctness of that exhibit.

25

DATED THIS 26th Day of November 2024.

26
27
28

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE