(HC) Frank v. Warden, USP Atwater ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JIMMY LEE FRANK, Case No. 1:21-CV-00568-HBK (HC) 12 Petitioner, ORDER SEALING DOCUMENTS AS SET FORTH IN GOVERNEMENT’S NOTICE 13 v. (Doc. No. 18) 14 WARDEN, USP-ATWATER, 15 Respondent. 16 17 Before the Court is Respondent’s Notice of its Request to Seal Appendix to Respondent’s 18 Motion to Dismiss and Response to Petitioner’s 2241 Petition. (Doc. No. 18). Petitioner Jimmy 19 Lee Frank, a federal prisoner proceeding pro se, has pending a petition for writ of habeas corpus 20 under 28 U.S.C. § 2241. (Doc. No. 1). 21 Pursuant to Local Rule 141(b), Respondent files a Notice of its Request to Seal the 22 documents contained in their Appendix that are currently under seal in Petitioner’s court of 23 conviction. Respondent requests that these documents remain under seal in this Court because 24 the records contain private or personal information related to Petitioner. Respondent further 25 requests these documents remain filed under seal in furtherance of the concerns of the court of 26 conviction. Petitioner has access to the documents. The Court finds that, for the reasons stated in 27 Respondent’s Notice and its Request, sealing both the Respondent’s Request and Appendix 28 serves a compelling interest. See Kamakana v. City and County of Honolulu, 447 F. 3d 1172, 1 1179-1180 (9th Cir. 2006); Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2 | 2003). 3 Accordingly, it is ORDERED: 4 The Court GRANTS Respondent’s Request as referenced in their Notice (Doc. No. 18) 5 | and directs the Respondent to provide an electronic copy of the document to be sealed to the 6 | Clerk of Court, at which time the Clerk of Court will file the document under seal. See Local 7 | Rule 141(e)(2)@). 8 ” | Dated: _ July 27. 2021 law □□ fareh Hack 10 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28