Smith v. Howell

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 CHRISTOPHER O. SMITH, Case No.: 2:20-cv-01108-JAD-DJA

4 Petitioner v. Order Granting Motions to Seal and 5 Extend Time JERRY HOWELL, et al., 6 [ECF Nos. 37, 40, 43] Respondents 7

8 Various motions are pending in Christopher O. Smith’s 28 U.S.C. § 2254 action for a 9 petition for writ of habeas corpus. First, respondents filed a motion for leave to file certain 10 exhibits under seal.1 While there is a presumption favoring public access to judicial filings and 11 documents,2 a party seeking to seal a judicial record may overcome the presumption by 12 demonstrating “compelling reasons” that outweigh the public policies favoring disclosure.3 In 13 general, “compelling reasons” exist where the records may be used for improper purposes.4 14 Here, respondents seek leave to file the presentence investigation report (PSI) and defendant’s 15 statement.5 They explain that the PSI contains confidential information including social-security 16 numbers and victim identifiers and that the defendant’s statement was given confidential 17 treatment in state court. Because these reasons satisfy the sealing standard, the motion to seal is 18 granted. 19 1 ECF No. 37. 20 2 See Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978). 21 3 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006) (citations 22 omitted). 23 4 Id. at 1179 (citing Nixon, 435 U.S. at 598). 5 ECF No. 37, p. 2. ] Both parties have also filed motions for extension of time related to respondents’ motion 2||to dismiss. Good cause appearing, the motions are granted. 3 IT IS THEREFORE ORDERED that respondents’ motion for leave to file exhibits under seal [ECF No. 37] is GRANTED. 5 IT IS FURTHER ORDERED that respondents’ motion for extension of time to respond 6|| to the petition [ECF No. 40] is GRANTED nunc pro tunc. 7 IT IS FURTHER ORDERED that petitioner’s motion for extension of time to file an 8] opposition to the motion to dismiss [ECF No. 43] is GRANTED. Petitioner must file the 9] opposition by November 24, 2021. 10 Dated: October 29, 2021 ' U.S. District Ridge Jenni leek Dorsey 12 13 14 15 16 17 18 19 20 21 22 23