(HC) Olguin-Hernandez v. Warden, F.C.I. Mendota ( 2024 )

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 Attorneys for Plaintiff 6 United States of America 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JUAN OLGUIN-HERNANDEZ, CASE NO. 1:23-CV-01088-SKO 11 Petitioner, 12 ORDER SEALING DOCUMENTS AS SET FORTH v. IN GOVERNMENT’S NOTICE 13 WARDEN, FCI-MENDOTA, 14 Respondent. 15 16 17 18 Pursuant to Local Rule 141(b) and based on the representations contained in the Respondent’s 19 Request to Seal, IT IS HEREBY ORDERED that the Respondent’s Exhibit 1 to its Notice of Filing 20 Removal order, pertaining to Olguin-Hernandez, and the Respondent’s Request to Seal shall be 21 SEALED until further order of this Court. 22 It is further ordered that electronic access to the sealed documents shall be limited to the 23 Respondent and counsel for the Petitioner. 24 The Court has considered the factors set forth in Oregonian Publishing Co. v. U.S. District Court 25 for the District of Oregon, 920 F.2d 1462 (9th Cir. 1990). The Court finds that, for the reasons stated in 26 the Respondent’s Request, sealing the Respondent’s Request and Exhibit 1 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 its Notice to Seal, the Court further finds 1 that there are no additional alternatives to sealing the Respondent’s Request and Exhibit 1 that would 2 adequately protect the compelling interests identified by the Government. 3 IT IS SO ORDERED. 4 5 Dated: January 26, 2024 /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