Eubanks v. Baker ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 CHARLES SHEA EUBANKS, Case No. 3:16-cv-00336-MMD-CSD 7 Petitioner, ORDER v. 8 RENEE BAKER, et al., 9 Respondents. 10 11 This habeas matter is poised for merits review. Respondents, however, appear to 12 have omitted from their filing of the state-court record (1) the presentence investigative 13 report and (2) a question posed by the jury which was included in the trial record as an 14 exhibit before return of the verdict. (ECF Nos. 24-3 at 5-6; 25 at 16.) See also Rules 15 Governing Section 2254 Cases, Rule 7; McDaniels v. Kirkland, 813 F.3d 770, 773 (9th 16 Cir. 2015) (en banc) (holding that federal habeas courts “may consider the entire state- 17 court record, including evidence that was presented only to the trial court.”); Nasby v. 18 McDaniel, 853 F.3d 1049, 1052-54 (9th Cir. 2017) (remanding to the district court with 19 instructions to consider the entire state court record). 20 Additionally, upon reviewing the exhibits filed by the parties, it appears Petitioner 21 failed to fully comply with LR IC 6-1. (See ECF Nos. 17-33 at 72-177 (passim); 18-5 at 22 14-26, 65, 180, 233-36; 18-7 at 16-18, 37, 81, 101-02; 19 at 77-84; 20-2 at 11-14, 74; 20- 23 16 at 2-3; 22 at 17-20, 37-38, 60, 130-31; 22-1 at 183; 23-1 at 97; 24 at 7, 21, 72; 24-2 at 24 70, 76, 91, 124; 25 at 16; and 38-1 at 17.) Compelling reasons exist to seal documents 25 that contain personal-data identifiers as the parties cannot change filings. See LR IC 6- 26 1(a)(2) (“If the involvement of a minor child must be mentioned, only the initials of that 27 child should be used.”); LR IC 6-1(a)(3) (“If an individual’s date of birth must be included, 1 || only the city and state should be listed.”). 2 It is therefore ordered that Respondents have until November 5, 2024, to file, as 3 || supplemental exhibits: (1) the presentence investigative report submitted in the state- 4 || court proceedings, and (2) a jury question, which was included in the trial record as an 5 || exhibit during jury deliberations and before return of the verdict. 6 It is further ordered that Petitioner will have 15 days after Respondents file the 7 || supplemental exhibits to admit or deny the correctness of the supplemental exhibits. 8 It is further ordered that Petitioner must file no later than November 5, 2024, 9 || redacted publicly-available copies of the documents previously filed as ECF Nos. 17-33; 10 || 18-5; 18-7; 19; 20-2; 20-16; 22; 22-1; 23-1; 24; 24-2; 25; and 38-1. 11 The Clerk of Court is further directed to seal the documents filed as ECF Nos. 17- 12 || 33; 18-5; 18-7; 19; 20-2; 20-16; 22; 22-1; 23-1; 24; 24-2; 25; and 38-1. 13 DATED THIS 9" Day of October 2024. 14 4 C Le ) 15 MIRANDA M. DU 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28