(HC) Olguin-Hernandez v. Warden, F.C.I. Mendota

Opinion

PUHniItLeLd ISPt aAte. sT AAtLtoBrEneRyT Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 Attorneys for Plaintiff United States of America IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JUAN OLGUIN-HERNANDEZ, CASE NO. 1:23-CV-01088-SKO Petitioner, ORDER SEALING DOCUMENTS AS SET FORTH v. IN GOVERNMENT’S NOTICE WARDEN, FCI-MENDOTA, Respondent. Pursuant to Local Rule 141(b) and based on the representations contained in the Respondent’s Request to Seal, IT IS HEREBY ORDERED that the Respondent’s Exhibit 1 to its Notice of Filing Removal order, pertaining to Olguin-Hernandez, and the Respondent’s Request to Seal shall be SEALED until further order of this Court. It is further ordered that electronic access to the sealed documents shall be limited to the Respondent and counsel for the Petitioner. The Court has considered the factors set forth in Oregonian Publishing Co. v. U.S. District Court for the District of Oregon, 920 F.2d 1462 (9th Cir. 1990). The Court finds that, for the reasons stated in the Respondent’s Request, sealing the Respondent’s Request and Exhibit 1 serves a compelling interest. The Court further finds that, in the absence of closure, the compelling interests identified by the Respondent would be harmed. In light of the public filing of its Notice to Seal, the Court further finds that there are no additional alternatives to sealing the Respondent’s Request and Exhibit 1 that would adequately protect the compelling interests identified by the Government. IT IS SO ORDERED.

Dated: January 26, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE