Nailor v. California Department of Corrections and Rehabilitation

N.D. California

Nailor v. California Department of Corrections and Rehabilitation

District Court, N.D. California·Decided January 7, 2021·No. 5:20-cv-00724·Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 DUANE A. NAILOR, Case No. 20-00724 BLF (PR) 11

12 Petitioner, ORDER GRANTING MOTION TO v. FILE UNDER SEAL; STAYING 13 MATTER PENDING FISHER, Warden, APPOINTMENT OF COUNSEL FOR 14 LIMITED PURPOSE 15 Respondent. (Docket No. 10)

17 18 Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction in Alameda County 20 Superior Court. Dkt. No. 1. On August 10, 2020, Respondent filed an answer, Dkt. No. 9, 21 and an administrative motion to file under seal a probation report pursuant to the California 22 Rules of Court 8.45-8.47, which provides that personal information in a probation report is 23 confidential. Dkt. No. 10 at 1, citing People v. Connor, 115 Cal.App.4th 669, 685 (2004). 24 Good cause appearing, the motion is GRANTED. 25 The Court has referred this matter to the Federal Pro Se Program for limited 26 appointment of counsel for the purpose of conducting a competency hearing. Dkt. No. 20. 27 This matter is hereby STAYED until counsel is appointed. If counsel disagrees with the 1 This order terminates Docket No. 10. 2 IT IS SO ORDERED. 3 4 || Dated: January 7, 2021 jk aM My. h Fide BETH LABS REEMAN 5 United States District Judge 6 7 8 9 10 11

Zz 18 19 20 21 22 23 24 25 Order Granting Motion to File Under Seal; Staying Matter P:\PRO-SE\BLF\HC.20\00724Nailor_stay&grant-seal.docx 26 27 28 ny

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 DUANE A. NAILOR, Case No. 20-00724 BLF (PR) 11

12 Petitioner, ORDER GRANTING MOTION TO v. FILE UNDER SEAL; STAYING 13 MATTER PENDING FISHER, Warden, APPOINTMENT OF COUNSEL FOR 14 LIMITED PURPOSE 15 Respondent. (Docket No. 10)

17 18 Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction in Alameda County 20 Superior Court. Dkt. No. 1. On August 10, 2020, Respondent filed an answer, Dkt. No. 9, 21 and an administrative motion to file under seal a probation report pursuant to the California 22 Rules of Court 8.45-8.47, which provides that personal information in a probation report is 23 confidential. Dkt. No. 10 at 1, citing People v. Connor, 115 Cal.App.4th 669, 685 (2004). 24 Good cause appearing, the motion is GRANTED. 25 The Court has referred this matter to the Federal Pro Se Program for limited 26 appointment of counsel for the purpose of conducting a competency hearing. Dkt. No. 20. 27 This matter is hereby STAYED until counsel is appointed. If counsel disagrees with the 1 This order terminates Docket No. 10. 2 IT IS SO ORDERED. 3 4 || Dated: January 7, 2021 jk aM My. h Fide BETH LABS REEMAN 5 United States District Judge 6 7 8 9 10 11

Zz 18 19 20 21 22 23 24 25 Order Granting Motion to File Under Seal; Staying Matter P:\PRO-SE\BLF\HC.20\00724Nailor_stay&grant-seal.docx 26 27 28 ny

Nailor v. California Department of Corrections and Rehabilitation, (N.D. Cal. 2021).

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