(HC)Easterly v. Trate ( 2024 )

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 KYLE EASTERLY, CASE NO. 1:23-CV-00878-EPG (HC) 11 Petitioner, ORDER SEALING DOCUMENT AS SET FORTH IN GOVERNMENT’S NOTICE 12 v. (ECF No. 22) 13 WARDEN, USP-ATWATER, 14 Respondent. 15 16 17 18 Pursuant to Local Rule 141(b) and based upon the representation contained in Respondent’s 19 Request to Seal, IT IS HEREBY ORDERED that Appendix pp 76–109 to Respondent’s Motion to 20 Dismiss and Response to Petitioner’s 2241 Petition pertaining to Easterly, and Respondent’s Request to 21 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 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 Respondent’s 26 Request, sealing the Request and Appendix pp 76–109 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 pp 76-109 that would 2 || adequately protect the compelling interests identified by Respondent. 3 4 IT IS SO ORDERED. Dated: _ February 22, 2024 [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