1 2 3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * * 6 ANTHONY BUTLER, Case No. 2:12-cv-01682-MMD-GWF

7 Petitioner, ORDER v. 8

9 STATE OF NEVADA, et al.,

10 Respondents.

11 12 This action is a petition for a writ of habeas corpus filed pursuant to

2254 by Petitioner Anthony Butler, a Nevada state prisoner. In October 2012, this Court 14 dismissed Petitioner’s pro se petition because he had failed to exhaust any claims (ECF 15 No. 4)1 and entered judgment (ECF No. 6). 16 In June 2021, the Federal Public Defender entered a notice of appearance in this 17 case and filed a motion for relief from final judgment pursuant to Rule 60(b) of the Federal 18 Rules of Civil Procedure. (ECF No. 9 (“Motion”).) The FPD has now moved to 19 amend/correct the motion multiple times. (ECF Nos. 13, 14.) The FPD seeks to correct 20 the Motion by including recently obtained state-court records and other documents as 21 exhibits in support of the motion. Good cause appearing, Petitioner’s two motions to 22 correct the motion for relief from judgment are granted. 23 Petitioner has also filed two motions to seal certain exhibits in support of the 24 Motion. (ECF Nos. 12, 16.) While there is a presumption favoring public access to judicial 25 filings and documents, see Nixon v. Warner Communications, Inc.,

, 597 26 (1978), a party seeking to seal a judicial record may overcome the presumption by 27 1Butler dispatched his federal habeas petition for filing on September 3, 2012, 28 before his state judgment of conviction was entered on September 24, 2012 (see ECF 1 demonstrating “compelling reasons” that outweigh the public policies favoring disclosure, 2 Kamakana v. City and County of Honolulu,

(9th Cir. 2006) 3 (citations omitted). In general, “compelling reasons” exist where the records may be used 4 for improper purposes. Kamakana,

(citing Nixon,

). Here, 5 Petitioner asks to file the following documents under seal: Petitioner’s psychological 6 reports, Nevada Department of Corrections medical records, and juvenile record, all of 7 which contain confidential medical information. (ECF Nos. 12, 16.) Petitioner has 8 demonstrated compelling reasons to seal these records. According, the Court grants the 9 motions to seal (ECF Nos. 12, 16). 10 Finally, a review of the docket reveals that Respondents were never served with 11 the Petition, which was dismissed upon initial review under Rule 4 of the Rules Governing 12 § 2254 Cases. (See ECF No. 4.) Accordingly, Respondents will be served and will have 13 the opportunity to respond to the second corrected motion for relief from judgment in 14 accordance with the local rules. 15 The Clerk of Court is therefore directed to electronically serve the petition (ECF 16 No. 5) on Respondents. 17 The Clerk of Court is further directed to add Aaron D. Ford, Nevada Attorney 18 General, as counsel for Respondents and provide Respondents an electronic copy of all 19 items previously filed in this case by regenerating the Notice of Electronic Filing to the 20 office of the AG only. 21 It is further ordered that Petitioner’s second motion to amend/correct the motion 22 for relief from judgment (ECF No. 14) is granted. 23 The Clerk of Court is further directed to detach and file the proposed second 24 amended motion for relief from final judgment (ECF No. 14-1). 25 It is further ordered that Petitioner’s motion for relief from final judgment (ECF No. 26 9) is denied as moot. 27 It is further ordered that Petitioner’s first motion to amend/correct the motion for 28 relief from judgment (ECF No. 13) is granted. 1 The Clerk of Court is further directed to detach and file the proposed first amended 2 || motion for relief from final judgment (ECF No. 13-1). It is further ordered that Petitioner’s 3 || first amended motion for relief from final judgment is granted nunc pro tunc. 4 It is further ordered that Petitioner’s two motions for leave to file exhibits under seal 5 || (ECF Nos. 12 and 16) are both granted. 6 DATED THIS 28" Day of February 2022. 7 / CL 8 IRANDA M. DU 9 CHIEF UNITED STATES DISTRICT JUDGE

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