Sandefur v. Frazier

• Court: District Court, D. Nevada
• Decided: January 6, 2022
• Docket: 3:21-cv-00125
• Status: Unknown

Opinion

2 3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 BRADLEY SANDEFUR, Case No. 3:21-cv-00125-MMD-WGC

7 Petitioner, ORDER v. 8

9 KYLE OLSEN, et al.,

10 Respondents.

11 12 In this habeas corpus action brought by pro se Petitioner Bradley Sandefur, 13 Respondents filed a motion for leave to file an exhibit under seal (“Motion”). (ECF No. 14 21.) Respondents request leave to file a copy of Sandefur’s presentence investigation 15 reports, Exhibit 16, under seal. (ECF No. 22-1.) Sandefur did not respond to the Motion. 16 While there is a strong presumption in favor of public access to judicial filings and 17 courts prefer that the public retain access to them, a court may seal its records if a party 18 demonstrates “compelling reasons” to do so. See Nixon v. Warner Commc’ns, Inc., 435 19 U.S. 589, 597 (1978); Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1178-79 (9th 20 Cir. 2006). “Compelling reasons” exist where the records could be used for improper 21 purposes. Kamakana, 447 F.3d at 1179 (citing Nixon, 435 U.S. at 598). Under Nevada 22 law, presentence investigation reports are confidential, and are not to be made part of a 23 public record. See NRS § 176.156(5). The presentence investigation reports filed by 24 Respondents contain sensitive confidential information concerning Sandefur and others, 25 which could be used for improper purposes. In view of the state law and considering the 26 nature of the information in the presentence investigation reports, the Court finds that 27 1 It is therefore ordered that Respondents’ Motion for Leave to File Exhibit Under 2 || Seal (ECF No. 21) is granted. Respondents are granted leave of court to file Exhibit 16 3 || under seal. As that exhibit has already been filed under seal (ECF No. 22-1), no further 4 || action is necessary in this regard. 5 DATED THIS 6" Day of January 2022. 7 □□□□□□□□□□□□□□□□□□□□□ 3 CHIEF UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28