Opinion
S251424
08-19-2020
GANT (DARIUS) ON H.C.
Motion to file document under seal granted
Petitioner's “Motion to File Documents Under Seal in Support of Second Petition for Writ of Habeas Corpus,” filed on September 21, 2018, is granted in part and denied in part.
The motion to file under seal Exhibits 7, 16, 17, and 65 is granted, as Exhibits 7, 16, and 17 were previously sealed under California Rules of Court, rule 8.46(b). Moreover, in ordering the sealing, this court makes the findings required by California Rules of Court, rules 2.550(d) and 8.46. (See Cal. Code of Civ. Proc., § 237.)
The motion to file under seal Exhibits 2 and 83 is denied.
The public redacted volumes of the “Exhibits in Support of Second Petition for Writ of Habeas Corpus,” filed on September 21, 2018, include redactions and exhibits as to which the motion to seal has been denied. Volume 1 of the “Exhibits in Support of Second Petition for Writ of Habeas Corpus” contains, inter alia, a redacted version of Exhibit 2, as to which the motion to seal has been denied. Volume 11 of the “Exhibits in Support of Second Petition for Writ of Habeas Corpus” contains, inter alia, a redacted version of Exhibit 83, as to which the motion to seal has been denied. Volume 12 of the “Exhibits in Support of Second Petition for Writ of Habeas Corpus,” filed conditionally under seal on September 21, 2018, contains, inter alia, Exhibits 2 and 83, as to which the motion to seal has been denied. The Clerk is therefore directed to return to petitioner's counsel Volumes 1, 11, and 12 of the “Exhibits in Support of Second Petition for Writ of Habeas Corpus.” Within 30 days of this order, and consistent with this order, petitioner must file revised public and non-public volumes of the exhibits. If petitioner does not want exhibits as to which the Court has denied the motion to seal to be publicly filed, he should remove those exhibits. (See Cal. Rules of Court, rule 8.46(d)(7).) References in the petition to any exhibits that petitioner does not resubmit by September 18, 2020, for filing in compliance with this order will be stricken from the petition on the court's own motion. Once petitioner has filed the revised exhibits, they shall be filed nunc pro tunc to September 21, 2018.