(HC) Clearman v. Trate ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARK ATHONY CLEARMAN, Case No. 1:22-cv-00444-HBK (PC) 12 PETITIONER, ORDER GRANTING RESPONDENT’S MOTION TO SEAL PORTIONS OF 13 v. APPENDIX PAGES 28-58 14 B.M. TRATE, (Doc. No. 8) 15 RESPONDENT. 16 17 Pending before the Court is Respondent’s notice of request to seal appendix pages 28-58 18 to Respondent’s motion to dismiss and response to Petitioner’s § 2241 petition, filed on June 27, 19 2022. (Doc. No. 8). 20 Petitioner, Mark Clearman, a prisoner in the custody of the Federal Bureau of Prisons 21 (“BOP”), has pending a petition for writ of habeas corpus under 28 U.S.C. § 2241. (Doc. No. 1). 22 Pursuant to Local Rule 141(b), Respondent requests that the Court seal portions of the exhibits 23 attached to their motion to dismiss, specifically Petitioner’s pre-sentence investigation report. (Id. 24 at 1). Respondent notes that Petitioner has access to the report in his BOP central file. (Id. at 1, 25 fn. 1). 26 The Court finds that, for the reasons stated in Respondent’s Notice and its Request, 27 sealing those portions of Respondent’s appendix serves a compelling interest. See Kamakana v. 28 City and County of Honolulu, 447 F. 3d 1172, 1179-1180 (9th Cir. 2006); Foltz v. State Farm 1 | Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). 2 Accordingly, it is ORDERED: 3 The Court GRANTS Respondent’s Request as referenced in their Notice (Doc. No. 8) and 4 | directs the 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 document under seal. See Local Rule 6 | 141(e)(2)Q). 7 Dated: __June 28, 2022 law □□□ foareA 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