(HC) Bernal v. Young ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY BERNAL, Case No. 1:20-cv-00616-JDP 12 Petitioner, ORDER GRANTING RESPONDENT’S REQUEST TO FILE DOCUMENTS UNDER 13 v. SEAL 14 WARDEN YOUNG, ECF No. 7 15 Respondent. ORDER DIRECTING CLERK OF COURT TO SUBSTITUTE RESPONDENT 16 ECF No. 6 17 18 Petitioner Anthony Bernal, a federal prisoner without counsel, petitioned for a writ of 19 habeas corpus under 28 U.S.C. § 2241. ECF No. 1. On July 13, 2020, respondent moved to 20 dismiss the petition, ECF No. 6, and requested to file documents under seal pursuant to Local 21 Rule 141(b), ECF No. 7. Petitioner has not filed an opposition to respondent’s request, and the 22 time for doing so has passed. 23 In the Ninth Circuit, there is a “strong presumption in favor of access to court records.” 24 See Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). However, the 25 presumption is not absolute and “can be overridden given sufficiently compelling reasons for 26 doing so.” See id. Here, respondent seeks to seal pages 32-48 of the appendix to the motion to 27 dismiss. ECF No. 6-1 at 32. In support of his request, respondent states that the documents are 28 wOAOe 4:6 MMU OI Oe AY ev 1 | sensitive in nature, are not otherwise available to the public, and that petitioner has access to these 2 | documents. For good cause shown, respondent’s request is granted. 3 Additionally, respondent has notified the court that the proper respondent in this case is 4 | Michael J. Lejeune, the acting warden of FCI Mendota. ECF No. 6 at 1. Pursuant to Federal 5 Rule of Civil Procedure 25(d), the name of the respondent is substituted accordingly. The clerk 6 | of court is directed to substitute Michael J. Lejeune as the respondent in this case. 7 | Order 8 1. Respondent’s request to file documents under seal is granted. ECF No. 7. 9 2. The clerk of court is directed to substitute Michael J. Lejeune as the respondent in this 10 case. ECF No. 6. 11 IT IS SO ORDERED. ° \ prssann Rae — Dated: _ August 4, 2020 14 UNIT#D STATES MAGISTRATE JUDGE 15 16 | No. 206. 17 18 19 20 21 22 23 24 25 26 27 28