Navarrette v. Attorney General of the State of Nevada

D. Nevada

Navarrette v. Attorney General of the State of Nevada

District Court, D. Nevada·Decided January 19, 2022·No. 2:20-cv-02061·Unknown

Opinion

UNITED STATES DISTRICT COURT

3 DISTRICT OF NEVADA

4 NICHOLAS A. NAVARRETTE, Case No. 2:20-cv-02061-APG-DJA

5 Petitioner, ORDER 6 ||] ATTORNEY GENERAL OF THE STATE OF | (ECF No. 1) 4 NEVADA, et al., Respondents. 9 The respondents seek leave to file under seal three documents in the index, Petitioner’s 10 || Presentence Investigation Report (“PSI”), Exhibit 119, dated January 17, 2013; Petitioner’s 11 || Presentence Investigation Report — Victim Impact Statements, Exhibit 121; Petitioner’s 12 || Supplemental Presentence Investigation Report, Exhibit 122. Under Nevada law, the PSI 1s 13 || “confidential and must not be made a part of any public record.” Nev. Rev. Stat. § 176.156(5). 14 Having reviewed and considered the matter in accordance with Kamakana v. City and 15 || County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and its progeny, I find that a compelling need 16 || to protect Petitioner’s safety, privacy, and/or personal identifying information outweighs the public 17 || interest in open access to court records. Accordingly, the respondents’ motion to seal (ECF No. 18 || 39) is granted, and Exhibits 119, 121, and 122 are considered properly filed under seal. 19 I THEREFORE ORDER that the respondents’ motion to seal (ECF No. 39) is 20 || GRANTED. 21 Dated: January 19, 2022 22 Z — 23 ANDREW P. GORDON 34 UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

3 DISTRICT OF NEVADA

4 NICHOLAS A. NAVARRETTE, Case No. 2:20-cv-02061-APG-DJA

5 Petitioner, ORDER 6 ||] ATTORNEY GENERAL OF THE STATE OF | (ECF No. 1) 4 NEVADA, et al., Respondents. 9 The respondents seek leave to file under seal three documents in the index, Petitioner’s 10 || Presentence Investigation Report (“PSI”), Exhibit 119, dated January 17, 2013; Petitioner’s 11 || Presentence Investigation Report — Victim Impact Statements, Exhibit 121; Petitioner’s 12 || Supplemental Presentence Investigation Report, Exhibit 122. Under Nevada law, the PSI 1s 13 || “confidential and must not be made a part of any public record.” Nev. Rev. Stat. § 176.156(5). 14 Having reviewed and considered the matter in accordance with Kamakana v. City and 15 || County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and its progeny, I find that a compelling need 16 || to protect Petitioner’s safety, privacy, and/or personal identifying information outweighs the public 17 || interest in open access to court records. Accordingly, the respondents’ motion to seal (ECF No. 18 || 39) is granted, and Exhibits 119, 121, and 122 are considered properly filed under seal. 19 I THEREFORE ORDER that the respondents’ motion to seal (ECF No. 39) is 20 || GRANTED. 21 Dated: January 19, 2022 22 Z — 23 ANDREW P. GORDON 34 UNITED STATES DISTRICT JUDGE

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Navarrette v. Attorney General of the State of Nevada, (D. Nev. 2022).

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