(HC) Collins v. Trate ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON C. COLLINS, Case No. 1:22-CV-01114-HBK (HC) 12 Petitioner, ORDER SEALING DOCUMENTS AS SET FORTH IN GOVERNMENT’S NOTICE 13 v. (Doc. No. 11) 14 TRATE, WARDEN, 15 Respondent. 16 17 Before the Court is Respondent’s Notice of its Request to Seal Appendix Pages 121-210 18 of Respondent’s Motion to Dismiss and Response to Petitioner’s 2241 Petition. (Doc. No. 11). 19 Petitioner Jason C. Collins, a federal prisoner proceeding pro se, has pending a petition for writ of 20 habeas corpus under 28 U.S.C. § 2241. (Doc. No. 1). 21 Pursuant to Local Rule 141(b), Respondent requests to file under seal certain documents 22 contained in the Appendix in support of its Motion to Dismiss. Respondent notes these 23 documents include the presentence investigation report and sentencing transcript pertaining to 24 Petitioner and are not otherwise publicly available. Respondents advises the sentencing transcript 25 will be mailed to Petitioner, and the presentence investigation report is available “via his BOP 26 central file.” (Doc. No. 11 at 1 n.1). The Court finds that, for the reasons stated in Respondent’s 27 Notice and its Request, sealing both the Respondent’s Request and Appendix serves a compelling 28 interest. See Kamakana v. City and County of Honolulu, 447 F. 3d 1172, 1179-1180 (9th Cir. 1 | 2006); Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). 2 Accordingly, it is ORDERED: 3 The Court GRANTS Respondent’s Request incorporated in its Notice (Doc. No. 11) and 4 | directs Respondent to provide an electronic copy of the document to be sealed to the Clerk of 5 | Court, at which time the Clerk of Court will file the documents under seal. See Local Rule 6 | 141(e)(2)Q). 4 8 Dated: _ November 7, 2022 ooo. Th. Bareh Hack 9 HELENA M. BARCH-KUCHTA 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28