Navarrette v. Attorney General of the State of Nevada

UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA NICHOLAS A. NAVARRETTE, Case No. 2:20-cv-02061-APG-DJA 5 Petitioner, ORDER ||] ATTORNEY GENERAL OF THE STATE OF | (ECF No. 1) NEVADA, et al., Respondents.

9 The respondents seek leave to file under seal three documents in the index, Petitioner’s || Presentence Investigation Report (“PSI”), Exhibit 119, dated January 17, 2013; Petitioner’s || Presentence Investigation Report — Victim Impact Statements, Exhibit 121; Petitioner’s || Supplemental Presentence Investigation Report, Exhibit 122. Under Nevada law, the PSI 1s || “confidential and must not be made a part of any public record.” Nev. Rev. Stat. § 176.156(5).

14 Having reviewed and considered the matter in accordance with Kamakana v. City and || County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), 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, the respondents’ motion to seal (ECF No. || 39) is granted, and Exhibits 119, 121, and 122 are considered properly filed under seal.

19 I THEREFORE ORDER that the respondents’ motion to seal (ECF No. 39) is || GRANTED.

21 Dated: January 19, 2022 22 Z — 23 ANDREW P. GORDON 34 UNITED STATES DISTRICT JUDGE