(HC) Valdez Mendez v. Warden ( 2023 )

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 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MIGUEL LUIS VALDEZ MENDEZ, CASE NO. 1:22-CV-01416-EPG-HC 11 Petitioner, ORDER SEALING DOCUMENTS AS SET FORTH IN GOVERNMENT’S NOTICE 12 v. 13 WARDEN, FCI-MENDOTA, 14 Respondent. 15 16 17 Pursuant to Local Rule 141(b) and based upon the representation contained in Respondent’s 18 Request to Seal, IT IS HEREBY ORDERED that Appendix (ECF 17-1) to the Respondent’s 19 Memorandum in Support of its Motion to Dismiss and Response to Petitioner’s 2241 Petition pertaining 20 to Miguel Luis Valdez Mendez, and Respondent’s Request to Seal, shall be SEALED until further order 21 of this Court. 22 It is FURTHER ORDERED that electronic access to the sealed documents shall be limited to the 23 United States and counsel for the defendant. 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 Respondent’s 26 Request, sealing the Request and Appendix (ECF 17-1) serves a compelling interest. The Court further 27 finds that, in the absence of closure, the compelling interests identified by Respondent would be harmed. 28 In light of the public filing of the government’s Notice to Seal, the Court further finds that there are no 1 || additional alternatives to sealing the government’s Request and Appendix that would adequately protect 2 || the compelling interests identified by the respondent. 3 4 IT IS SO ORDERED. Dated: _-May 24, 2023 [Jee hey —— 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28