(HC) Mickling v. Trate

1 PUHniItLeLd ISPt aAte. sT AAtLtoBrEneRyT MICHELLE RODRIGUEZ Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 Attorneys for Plaintiff United States of America 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA

11 MAURICE MICKLING, CASE NO. 1:22-CV-00010-SKO (HC) 12 Petitioner, ORDER SEALING DOCUMENTS AS SET FORTH IN GOVERNMENT’S NOTICE 13 v. B.M. TRATE, WARDEN, USP-ATWATER, 15 Respondent.

18 Pursuant to Local Rule 141(b) and based upon the representation contained in the respondent’s Request to Seal, IT IS HEREBY ORDERED that Appendix pages 5-21, 24-85 to the Respondent’s Motion to Dismiss and Response to Petitioner’s 2241 Petition pertaining to Maurice Mickling, and the Respondent’s Request to Seal, shall be SEALED until further order of this Court.

22 It is further ordered that electronic access to the sealed documents shall be limited to the United States and counsel for the petitioner.

24 The Court has considered the factors set forth in Oregonian Publ’g Co. v. U.S. Dist. Court for Dist. of Or., 920 F.2d 1462 (9th Cir. 1990). The Court finds that, for the reasons stated in the respondent’s Request, sealing the Request and Appendix pages 5-21, 24-85 serves a compelling interest.

27 The Court further finds that, in the absence of closure, the compelling interests identified by the respondent would be harmed. In light of the public filing of the government’s Notice to Seal, the Court further finds that there are no additional alternatives to sealing the government’s Request and Appendix pages 5-21, 24-85 that would adequately protect the compelling interests identified by the Respondent.

IT IS SO ORDERED.

5 Dated: May 11, 2022 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE