Kevin James Lisle v. William Reubart

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 KEVIN JAMES LISLE, Case No. 2:03-cv-1006-MMD-CWH

7 Petitioner, ORDER

8 v.

9 WILLIAM GITTERE, et al., 10 Respondents. 11 12 13 In this capital habeas corpus action, Petitioner Kevin James Lisle has filed, pro se, 14 a motion to waive further proceedings and voluntarily dismiss this action. (ECF No. 359.) 15 An evidentiary hearing regarding that motion is scheduled to commence on October 22, 16 2020. (ECF Nos. 402, 407.) 17 On September 22, 2020, Respondents and the Federal Public Defender (“FPD”) 18 filed prehearing briefs (ECF Nos. 414, 418, 419, 420) and preliminary exhibit and witness 19 lists (ECF Nos. 416, 421, 422). 20 In addition, on September 22, 2020, the FPD filed a Motion for Leave to File Under 21 Seal requesting leave of court to file, under seal, their unredacted prehearing brief and 22 Exhibits 46, 85, and 86. (ECF No. 415.) There is a strong presumption in favor of public 23 access to judicial filings and documents. See Nixon v. Warner Communication, Inc., 435 24 U.S. 589, 597 (1978); see also Kamakana v. City and County of Honolulu, 447 F.3d 1172, 25 1178 (9th Cir. 2006). However, a federal court has inherent power over its own records 26 and files, and access may be denied where the court determines that the documents may 27 be used for “improper purposes.” See Nixon, 435 U.S. at 598; see also Kamakana, 447 1 || F.3d at 1179. The Court finds that there is good cause for the FPD’s prehearing brief and 2 || Exhibits 46, 85, and 86 to be filed under seal, as those documents contain information 3 || regarding Lisle’s mental health. 4 It is therefore ordered that the FPD’s Motion for Leave to File Under Seal (ECF No. 5 || 415) is granted. As the subject documents have already been filed under seal (ECF Nos. 6 || 418, 419), no further action is necessary in this regard. 7 DATED THIS 23" Day of September 2020. 8 -— 9 AY MIRANDA M. DU 10 CHIEF UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28