Opinion
S246827
10-24-2018
ATLAS, JR., (JOHN) ON H.C.
Motion to file document under seal granted
Petitioner's “Application to File Under Seal; Memorandum of Points; Declaration,” filed on January 31, 2018, is granted in part, denied in part, and denied in part without prejudice.
The application to file Exhibit 3 (in Volume 2) under seal is granted in part and denied in part without prejudice. (Cal. Rules of Court, rule 8.46(b).)
The application to file under seal Exhibits 5, 6, 7, 8, 9, 10, 11, 12, and 13 is denied. (Cal. Rules of Court, rules 2.550, 2.551, and 8.46.)
The “Petition for Writ of Habeas Corpus,” filed on January 31, 2018, contains references to Exhibit 3. Petitioner has not filed redacted and unredacted versions of the petition. (Cal. Rules of Court, rule 8.46 (d)(4).) Volume 2 of the “Exhibits In Support of the Petition for Writ of Habeas Corpus,” lodged conditionally under seal on January 31, 2018, includes exhibits 5-13 as to which the application to seal has been denied, as well as Exhibit 3 as to which the application to seal has been granted. The “Petition for Writ of Habeas Corpus” and the “Reply to the Informal Response,” filed on May 24, 2018, contain erroneous citations, inter alia, to “Exhibits F, G, H, I. J, K, L, M, and N” that do not correctly reference the numbered exhibits petitioner lodged in Volumes 1 and 2.
The Clerk is therefore directed to return to petitioner's counsel the “Petition for Writ of Habeas Corpus,” Volumes 1 and 2 of the “Exhibits in Support of Petition for Writ of Habeas Corpus,” and the “Reply to the Informal Response.” Within 10 days of this order, and consistent with this order, petitioner must file: (a) a renewed application to file an unredacted petition for writ of habeas corpus and Exhibit 3 under seal; (b) unredacted and redacted versions of the petition for writ of habeas corpus; (c) revised public and non-public volumes of the exhibits; and (d) corrected versions of the petition and the reply to the informal response that consistently cite all exhibits by number rather than letter.
If petitioner does not want exhibits as to which the Court has denied the application to seal to be publicly filed, he should remove those exhibits, and references to those exhibits from the petition and the reply, when he files his renewed motion to seal. (See Cal. Rules of Court, rule 8.46(d)(7.))
If the Court grants the renewed motion to seal, the petition for writ of habeas corpus and exhibits will be filed nunc pro tunc to January 31, 2018, and the reply will be filed nunc pro tunc to May 24, 2018.
Corrigan, J., was absent and did not participate.