Leal v. Hutchings

Full title: Jack Leal, Petitioner v. William Hutchings, et al., Respondents

Court: United States District Court, District of Nevada

Date published: Jan 19, 2022

2:21-cv-00595-JAD-VCF (D. Nev. Jan. 19, 2022)

Opinion

2:21-cv-00595-JAD-VCF

01-19-2022

Jack Leal, Petitioner v. William Hutchings, et al., Respondents

Jennifer A. Dorsey, U.S. District Judge

ORDER GRANTING RESPONDENTS' MOTION TO SEAL

[ECF NO. 22]

Jennifer A. Dorsey, U.S. District Judge

Respondents seek leave to file under seal one document within the index, Petitioner's Presentence Investigation Report (PSI), attached to the Motion to Dismiss.¹ Under Nevada law, the PSI is “confidential and must not be made a part of any public record.”^{[ 2}

1 Exhibit 9 to ECF No. 11, Petitioner's Presentence Investigation Report (PSI) (ECF No. 23), dated July 14, 2017.

2 Nev. Rev. Stat. § 176.156(5).

Having reviewed and considered the matter in accordance with Kamakana v. City and County of Honolulu, ^{[ 3} and its progeny, I find that a compelling need to protect petitioner's safety, privacy, and/or personal identifying information outweighs the public interest in open access to court records. Accordingly, Respondents' motion is granted, and Exhibit 9 is considered properly filed under seal.

3 447 F.3d 1172 (9th Cir. 2006).

IT IS THEREFORE ORDERED that Respondents' Motion to Seal [ECF No. 22] is GRANTED. The Clerk of Court is directed to MAINTAIN THE SEAL on Exhibit 9.