Kevin Fernandez v. State of Nevada

361 F. App'x 859

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 8, 2010
• Docket: 08-15947
• Status: Unpublished

Opinion

MEMORANDUM **

Kevin Lynn Fernandez, a Nevada state prisoner, appeals pro se from the district court’s order denying his motion for leave to proceed using a pseudonym. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Does I Thru XXIII v. Advanced Textile Corp., 214 F.3d 1058, 1069 (9th Cir.2000). We affirm.

The district court did not abuse its discretion by denying leave to proceed using a pseudonym because there were no special or unusual circumstances that justified protection of Fernandez’s identity. See United States v. Stoterau, 524 F.3d 988, 1012-14 (9th Cir.2008) (rejecting a request for a pseudonym based on the nature of the prisoner’s conviction as a sex offender “because this concern is equally present for all similarly situated sex offenders who face prison sentences,” and questioning the value of pseudonymity where the prisoner’s conviction was a matter of public rec ord and many of the documents were not submitted under seal).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.