Alvarez v. Najera ( 2021 )

2 TrA ist hto ar Cne hy a pG me an ne r (a Bl ar No. 12716) Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 555 E. Washington Avenue, Ste. 3900 Las Vegas, Nevada 89101-1068 5 Phone: (702) 486-3107 Fax: (702) 486-2377 6 tchapman@ag.nv.gov Attorneys for Respondents 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 FRANCISCO ALVAREZ, Case No. 2:20-cv-01894-KJD-VCF 11 Petitioner, MOTION FOR LEAVE TO FILE EXHIBIT 12 vs. UNDER SEAL 13 WILLIAM HUTCHINGS, et al., 14 Respondents. 15 16 Respondents move for leave to file under seal Exhibit 32 in support of Respondents’ Motion to 17 Dismiss to Alvarez’s Petition for Writ of Habeas Corpus. This motion is based upon the following points 18 and authorities, as well as all pleadings, documents, and exhibits on file in this matter. 19 DATED this 5th day of May 2021. 20 AARON D. FORD Attorney General 21 By: /s/ Trisha Chapman 22 Trisha Chapman Deputy Attorney General 23 24 25 26 27 28 1 MEMORANDUM OF POINTS & AUTHORITIES 2 While there is a presumption favoring public access to judicial filings and documents, see Nixon 3 || v. Warner Communications, Inc., 435 U.S. 589, 597 (1978), a party seeking to seal a judicial record may 4 || overcome the presumption by demonstrating “compelling reasons” that outweigh the public policies 5 || favoring disclosure, Kamakana vy. City and County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006) 6 || (citations omitted). In general, “compelling reasons” exist where the records may be used for improper 7 || purposes. Kamakana, 447 F.3d at 1179 (citing Nixon, 435 US. at 598). As a result, Respondents seek 8 || leave to file under seal the following exhibit: 9 Exhibit 32 — Presentence Investigation Report (09/22/15)! 10 Alvarez’s Presentence Investigation Report (PSI) is submitted as part of the state court record 11 ||accompanying Respondents’ Motion to Dismiss Alvarez’s Petition and it contains confidential 12 information, such as Alvarez’s identifiers, and his social security number. Pursuant to NEV. REV. STAT. 13 || 176.156(5), the contents of a presentence investigation report are confidential and must not be made a 14 || part of any public record. Because the state court never made the above-referenced pleading a part of the 15 || public record, Respondents wish to comply with the Nevada statute and the actions of the state court 16 || regarding the continued confidentiality of this document. Accordingly, there are “compelling reasons” to 17 || seal the PSI in this case. 18 For these reasons, Respondents request that Exhibit 32 be filed under seal. 19 DATED May 5, 2021. 20 AARON D. FORD Attorney General By: ___/s/ Trisha Chapman 22 Trisha Chapman 33 Deputy Attorney General Dated: 5/7/2021 26 Kent J. Dawson, U.S. District Judge 27 28 ' Exhibit numbered consistent with Respondents’ Index of Exhibits in Support of its Motion to Dismiss Alvarez’s Petition for Writ of Habeas Corpus (ECF No. 16). 2 I hereby certify that I electronically filed the foregoing Respondents’ Motion for Leave to File 3 Exhibit Under Seal with the Clerk of the Court by using the CM/ECF system on May 5, 2021. 4 I certify that some of the participants in the case are not registered CM/ECF users. I will cause 5 the foregoing document to be mailed by First-Class Mail, postage prepaid, or have dispatched it to a 6 third-party commercial carrier for delivery on or about May 6, 2021 to the following non-CM/ECF 7 participants: 8 Francisco Alvarez, #1147691 c/o Southern Desert Correctional Center 9 P.O. Box 208 Indian Springs, NV 89070 10 11 By: /s/ M. Landreth An employee of the Office of the Attorney General 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28