Owens v. Gittere

3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 kok 6 DARIAN OWENS, Case No. 3:21-cv-00307-MMD-CSD Petitioner, ORDER 3 V. 9 WILLIAM A. GITTERE, et a/., 40 Respondents.

11 This habeas matter is poised for merits review. Respondents omitted from their || state-court record exhibits a copy of the Presentence Investigation Report (“PSI”). (See || ECF No. 23-23.) See also Rules Governing Section 2254 Cases, Rule 7; McDaniels v. || Kirkland, 813 F.3d 770, 773 (9th Cir. 2015) (holding federal habeas courts “may consider || the entire state-court record .. ..”); Nasby v. McDaniel, 853 F.3d 1049, 1052-54 (9th Cir. || 2017) (remanding to the district court to consider the entire state court record). The PSI || is “confidential and must not be made a part of any public record.” NRS § 176.156(5).

18 || Under Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and its || progeny, a compelling need to protect Petitioner's safety, privacy, and/or personal || identifying information outweighs the public interest in open access to court records.

21 It is therefore ordered that Respondents have until December 16, 2024, to file, as || a sealed exhibit, all Presentence Investigative Reports submitted for the state-court || proceedings in this matter. It is further ordered that Petitioner will have 15 days after || Respondents file the supplemental exhibit to admit or deny the correctness of that exhibit.

25 DATED THIS 26" Day of November 2024.

27 MIRANDAM.DU 28 UNITED STATES DISTRICT JUDGE