Jones v. Najera

Opinion

1 2 3 4

5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 Michael A. Jones, Case No.: 2:24-cv-00309-GMN-NJK

9 Petitioner Order Granting Extension of Time to Respond to Petition to December 19, 10 v. 2024, and Granting Motion to Seal

11 Gabriella Najera, et al., (ECF Nos. 17, 20) 12 Respondents.

13 Respondents ask the Court for an extension of time to respond to Michael A. 14 Jones pro se 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus. (ECF No. 20.) Good 15 cause appearing, the motion is granted. 16 Respondents have also filed a motion for leave to file two exhibits under seal. 17 (ECF No. 17.) While there is a presumption favoring public access to judicial filings and 18 documents, see Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978), a 19 party seeking to seal a judicial record may overcome the presumption by demonstrating 20 “compelling reasons” that outweigh the public policies favoring disclosure, Kamakana v. 21 City and County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006) (citations omitted). 22 In general, “compelling reasons” exist where the records may be used for improper 23 purposes. Id. at 1179 (citing Nixon, 435 U.S. at 598). Here, Respondents ask to file 1] Jones’ presentence investigation report (“PSI”) and forensic psychological evaluation 2|| under seal because they are confidential under state law and contain sensitive information such as Jones’ personal health information. (ECF No. 17.) The psychological evaluation was also sealed in state district court under the Health 5|| Insurance Portability and Accountability Act (“HIPPA”) and never made a part of the 6|| public record. The Court has reviewed the exhibits and concludes that Respondents 7|| have demonstrated compelling reasons to file them under seal. Accordingly, the motion granted, and the exhibits will remain under seal. 9 IT IS THEREFORE ORDERED that Respondents’ Motion for Extension of Time 10||to respond to the Petition (ECF No. 20) is GRANTED nunc pro tunc. The deadline to respond is extended to December 19, 2024. 12 IT IS FURTHER ORDERED that Respondents’ Motion for Leave to File Exhibits 13||Under Seal (ECF No. 17) is GRANTED. The PSI and the forensic psychological 14] evaluation will remain under seal. 15 16 DATED: 10 December 2024. 2 M. NAVARRO 8 UNI STATES DISTRICT JUDGE

19 20 21 22 23