1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3

4 Angelo Ferguson, aka Angelo Fergusen, Case No. 2:23-cv-00299-CDS-NJK

5 Petitioner Order Granting Motion to Lift Stay and Granting Motion for Leave to File 6 v. Exhibits Under Seal

7 Jeremy Bean, et al., [ECF Nos. 16, 19] 8 Respondents 9

10 This habeas corpus action was stayed on October 31, 2023, while the petitioner, Angelo 11 Ferguson, represented by appointed counsel, investigated the case and developed his second 12 amended habeas petition. ECF No. 13. On February 26, 2025, Ferguson filed his second amended 13 petition, along with supporting exhibits. ECF Nos. 17, 18, 20, 21, 22, 23. On that same date, 14 Ferguson filed a motion to reopen, requesting that the stay be lifted, and a motion for leave to file 15 exhibits under seal, requesting leave of court to file certain exhibits under seal. ECF Nos. 16, 19. 16 The respondents filed a notice stating that they do not oppose Ferguson’s motion to reopen. ECF 17 No. 24. The respondents did not respond to the motion for leave to file exhibits under seal. 18 I will grant Ferguson’s motion to reopen, lift the stay, order the case reopened, and set a 19 schedule for the respondents to respond to Ferguson’s second amended petition and for further 20 proceedings beyond that. 21 In his motion for leave to file exhibits under seal, Ferguson requests leave of court to file 22 under seal exhibits containing competency evaluations and other mental health records. ECF No. 23 19 at 5; see also ECF Nos. 20, 21, 22, 23 (exhibits in question, filed under seal on February 26, 2025). 24 While there is a strong presumption in favor of public access to judicial filings, and while courts 25 prefer that the public retain access them, see Nixon v. Warner Commc’ns, Inc.,

(1978), 26 a court may seal its records if a party demonstrates “compelling reasons” to do so. Kamakana v. City 27 & Cnty. of Honolulu,

, 1178–79 (9th Cir. 2006). In general, “compelling reasons” exist 1||where the records could be used for improper purposes. Id. at 1179 (citing Nixon,

). I 2 ||find that there are compelling reasons for the exhibits in question to be filed under seal, and I will 3 || grant Ferguson’s motion. 4 Conclusion 5 I therefore order that the petitioner's motion to reopen [ECF No. 16] is granted. The 6 || stay of this action is lifted. The Clerk of the Court is directed to reopen this case and update the 7 ||docket accordingly. 8 I further order that the petitioner’s motion for leave to file exhibits under seal [ECF No. 9 is granted. The exhibits in question have already been filed under seal, so the Clerk of Court is 10 instructed to maintain the seal on ECF Nos. 20, 21, and 22. I further order that the respondents have until and including June 6, 2025, to file an 12 ||answer or other response to the petitioner’s second amended habeas petition (ECF No. 17). In all 13 respects, the schedule for further proceedings set forth in the scheduling order entered April 14 2023 (ECF No. 5) will remain in effect. ) 15 Dated: April 2, 2025 J, / Lh 7 Ki Uni ed States District Judge 18 19 20 21 22 23 24 25 26 27 28 XY