Nestor Quintana v. State of Nevada, et al.

Opinion

5 * * *

6 NESTOR QUINTANA, Case No. 2:22-cv-00947-MMD-NJK

7 Petitioner, ORDER v. 8 STATE OF NEVADA, et al., 9 Respondents. 10 11 This habeas action is brought by Petitioner Nestor Quintana under 22 U.S.C. § 12 2254. Quintana now moves to reopen these federal habeas proceedings. (ECF No. 20.) 13 Respondents have not filed an opposition and the time to do so has now expired. Also 14 before the Court is Quintana’s Motion to Seal (ECF No. 23) and Respondents’ Motion to 15 Extend (ECF No. 25). 17 In October 2022, the Court granted Quintana’s Motion to Stay case pending 18 exhaustion of his unexhausted claims. (ECF No. 17.) The Court also granted Quintana’s 19 request to file a second amended petition upon the reopening of this action. (Id.) In July 20 2025, the state appellate court issued remittitur. (ECF No. 20 at 2.) The Court grants 21 Quintana’s motion to reopen. 23 Quintana seeks leave to file under seal Exhibit 19 (ECF No. 24-1) which is 24 Quintana’s comprehensive forensic psychological evaluation because the exhibit 25 contains information that is confidential and personal identifying information. 26 The need to protect medical privacy generally qualifies as a “compelling reason” 27 for sealing records in connection with a dispositive motion. E.g. Abbey v. Hawaii Emp’rs 28 Mut. Ins. Co. (HEMIC), 760 F. Supp. 2d 1005, 1013 (D. Haw. 2010). Having reviewed 1 || and considered the matter in accordance with Kamakana v. City and Cnty. of Honolulu, 2 || 447 F.3d 1172 (9th Cir. 2006), and its progeny, the Court finds that a compelling need to 3 || protect the safety, privacy, and/or personal identifying information outweighs the public 4 || interest in open access to court records. Exhibit 19 is considered properly filed under seal. 5 Hl. MOTION TO EXTEND 6 Respondents seek an extension of time to file their response to the second 7 || amended petition. (ECF No. 25.) The Court finds that the request is made in good faith 8 || and not solely for the purpose of delay, and therefore, good cause exists to grant the 9 || motion. 11 It is therefore ordered that Quintana’s Motion to Reopen (ECF No. 20) is granted. 12 || As the stay is lifted by this Order, the Clerk of the Court will reopen this action. 13 It is further ordered that Quintana’s Motion to Seal (ECF No. 23) is granted. Exhibit 14 || 19 is considered properly filed under seal. 15 It is further ordered that Respondents’ Motion to Extend Time (ECF No. 25) is 16 || granted. Respondents have until March 20, 2026, to file their response to the second 17 || amended petition. 18 DATED THIS 20" Day of March 2026.

UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28