Woods v. Bean

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA Leonard R. Woods, Case No.: 2:23-cv-00233-JAD-VCF 4 Petitioner Order Granting Motion for Leave to File Exhibit Under Seal 5 v. [ECF No. 19] Jeremy Bean, et al., 7 Respondents

9 Counseled petitioner Leonard R. Woods filed a first amended petition for writ of habeas corpus on September 6, 2023,1 along with supporting exhibits.2 He also filed a motion for leave of court to file one of his exhibits under seal, and he filed the exhibit in question under seal.3 Respondents did not respond to Woods’s motion.

13 While there is a strong presumption in favor of public access to judicial filings and while courts prefer that the public retain access to them,4 a court may seal its records if a party demonstrates “compelling reasons” to do so.5 “Compelling reasons” exist where the records could be used for improper purposes.6 The exhibit that Woods proposes to file under seal is a PowerPoint presentation, which was used at his trial, and which includes an autopsy photo depicting a nude body.

20 1 ECF No. 17.

2 ECF No. 18.

3 ECF Nos. 19, 20.

22 4 See Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978).

5 See Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1178–79 (9th Cir. 2006).

6 Id. at 1179 (citing Nixon, 435 U.S. at 598). ] I find that there are compelling reasons for the exhibit to be filed under seal. So, IT IS ORDERED that Woods’s motion for leave to file exhibit under seal [ECF No. 19] is GRANTED. As the exhibit in question—Exhibit 3—has already been filed under seal, the Clerk of Court is directed to MAINTAIN THE SEAL on ECF No. 20.

5 IT IS FURTHER ORDERED that Jeremy Bean is substituted for Brian Williams as the respondent warden under Federal Rule of Civil Procedure 25(d). The Clerk of the Court is 7\| directed to update the docket to reflect this change.

15 an U.S. District Judge Jentufer A. Dorsey 9 September 29, 2023 1]