Nailor v. California Department of Corrections and Rehabilitation

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA DUANE A. NAILOR, Case No. 20-00724 BLF (PR) 12 Petitioner, ORDER GRANTING MOTION TO v. FILE UNDER SEAL; STAYING 13 MATTER PENDING FISHER, Warden, APPOINTMENT OF COUNSEL FOR LIMITED PURPOSE 15 Respondent. (Docket No. 10)

18 Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction in Alameda County Superior Court. Dkt. No. 1. On August 10, 2020, Respondent filed an answer, Dkt. No. 9, and an administrative motion to file under seal a probation report pursuant to the California Rules of Court 8.45-8.47, which provides that personal information in a probation report is confidential. Dkt. No. 10 at 1, citing People v. Connor, 115 Cal.App.4th 669, 685 (2004).

24 Good cause appearing, the motion is GRANTED.

25 The Court has referred this matter to the Federal Pro Se Program for limited appointment of counsel for the purpose of conducting a competency hearing. Dkt. No. 20.

27 This matter is hereby STAYED until counsel is appointed. If counsel disagrees with the 1 This order terminates Docket No. 10.

2 IT IS SO ORDERED.

4 || Dated: January 7, 2021 jk aM My. h Fide BETH LABS REEMAN 5 United States District Judge

Zz 18 25 Order Granting Motion to File Under Seal; Staying Matter P:\PRO-SE\BLF\HC.20\00724Nailor_stay&grant-seal.docx ny