(HC) Mickling v. Trate ( 2022 )

1 PUHniItLeLd ISPt aAte. sT AAtLtoBrEneRyT 2 MICHELLE RODRIGUEZ Assistant United States Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 5 6 Attorneys for Plaintiff United States of America 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MAURICE MICKLING, CASE NO. 1:22-CV-00010-SKO (HC) 12 Petitioner, ORDER SEALING DOCUMENTS AS SET FORTH IN GOVERNMENT’S NOTICE 13 v. 14 B.M. TRATE, WARDEN, USP-ATWATER, 15 Respondent. 16 17 18 Pursuant to Local Rule 141(b) and based upon the representation contained in the respondent’s 19 Request to Seal, IT IS HEREBY ORDERED that Appendix pages 5-21, 24-85 to the Respondent’s 20 Motion to Dismiss and Response to Petitioner’s 2241 Petition pertaining to Maurice Mickling, and the 21 Respondent’s Request to Seal, shall be SEALED until further order of this Court. 22 It is further ordered that electronic access to the sealed documents shall be limited to the United 23 States and counsel for the petitioner. 24 The Court has considered the factors set forth in Oregonian Publ’g Co. v. U.S. Dist. Court for 25 Dist. of Or., 920 F.2d 1462 (9th Cir. 1990). The Court finds that, for the reasons stated in the 26 respondent’s Request, sealing the Request and Appendix pages 5-21, 24-85 serves a compelling interest. 27 The Court further finds that, in the absence of closure, the compelling interests identified by the 28 respondent would be harmed. In light of the public filing of the government’s Notice to Seal, the Court 1 further finds that there are no additional alternatives to sealing the government’s Request and Appendix 2 pages 5-21, 24-85 that would adequately protect the compelling interests identified by the Respondent. 3 IT IS SO ORDERED. 4 5 Dated: May 11, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28