Owens v. Gittere ( 2024 )

2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 kok 6 DARIAN OWENS, Case No. 3:21-cv-00307-MMD-CSD Petitioner, ORDER 3 V. 9 WILLIAM A. GITTERE, et a/., 40 Respondents. 11 This habeas matter is poised for merits review. Respondents omitted from their 12 || state-court record exhibits a copy of the Presentence Investigation Report (“PSI”). (See 13 || ECF No. 23-23.) See also Rules Governing Section 2254 Cases, Rule 7; McDaniels v. 14 || Kirkland, 813 F.3d 770, 773 (9th Cir. 2015) (holding federal habeas courts “may consider 15 || the entire state-court record .. ..”); Nasby v. McDaniel, 853 F.3d 1049, 1052-54 (9th Cir. 16 || 2017) (remanding to the district court to consider the entire state court record). The PSI 17 || is “confidential and must not be made a part of any public record.” NRS § 176.156(5). 18 || Under Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and its 19 || progeny, a compelling need to protect Petitioner's safety, privacy, and/or personal 20 || identifying information outweighs the public interest in open access to court records. 21 It is therefore ordered that Respondents have until December 16, 2024, to file, as 22 || a sealed exhibit, all Presentence Investigative Reports submitted for the state-court 23 || proceedings in this matter. It is further ordered that Petitioner will have 15 days after 24 || Respondents file the supplemental exhibit to admit or deny the correctness of that exhibit. 25 DATED THIS 26" Day of November 2024. 27 MIRANDAM.DU 28 UNITED STATES DISTRICT JUDGE