(HC) Lawton v. Muniz

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA CHARLES LAWTON, Case No. 1:17-cv-00737-DAD-JDP 12 Petitioner, ORDER GRANTING RESPONDENT’S REQUEST TO FILE DOCUMENT UNDER 13 v. SEAL WILLIAM MUNIZ, Warden, ECF No. 34 15 Respondent.

17 Petitioner Charles Lawton, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 9. On July 24, 2019, respondent requested to file a document under seal pursuant to Local Rule 141(b). ECF No. 34-1. Petitioner has not filed an opposition to respondent’s request.

21 In the Ninth Circuit, there is a “strong presumption in favor of access to court records.”

22 See Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). However, the presumption is not absolute and “can be overridden given sufficiently compelling reasons for doing so.” See id. Here, respondent seeks to seal lodged document 94, the confidential clerk’s transcript on appeal, which was sealed by the state court during petitioner’s previous proceedings.

26 ECF No. 34-1. Respondent states he is barred “from disclosing the contents of any materials that have been sealed in anything that is subsequently filed” under state court rules. See Cal. Rules of Court 8.46(d)(9). For good cause shown, respondent’s request is granted.

4:48 □□□ □□□ VET MVE ON IO eer POY ev IT IS SO ORDERED. ° p : —N prssann — Dated: April 28, 2020 4 UNI STATES MAGISTRATE JUDGE | No. 206.