1 Mark E. Olive Law Office of Mark E. Olive, P.A. 2 320 W. Jefferson Street Tallahassee, FL 32301 3 (850) 224-7276 4 [email protected] 5 Michael Laurence Law Office of Michael Laurence 6 1770 Post St., No. 123 San Francisco, CA 94115 7 (415) 317-5818 8 [email protected] 9 Counsel for Petitioner Dale Edward Flanagan 10 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 DALE EDWARD FLANAGAN, 14 Petitioner, Case No. 2:09-cv-00085-KJD-GWF 15 v. Order Sealing State Record and for Protecting 16 JEREMY BEAN, WARDEN OF HIGH Documents 17 DESERT STATE PRISON, ET AL., Respondents. DEATH PENALTY CASE 18 19 20 Pending before the Court is Petitioner’s Unopposed Motion to File Sealed State Record 21 Under Seal and for a Protective Order. ECF No. 230. 22 GOOD CAUSE appearing, IT IS ORDERED that Volume 34 of the state court record 23 on appeal in the Nevada Supreme Court in Flanagan v. State, Case No. 40232, and lodged herein, 24 shall be filed under seal. 25 IT IS FURTHER ORDERED, based on the parties’ stipulation, and pursuant to Bittaker 26 v. Woodford,

(9th Cir. 2003), the following Protective Order shall govern the 27 1 || dissemination and use of any documents contained in volume 34 of the state court record and 2 || filed under seal with this Court: 3 1. All privileged documents and testimony produced to Respondents in this action may be used only for purposes of litigating this habeas corpus 4 proceeding by: (a) Petitioner and the members of the legal team who are appointed to litigate this matter, including, but not limited to, outside investigators, 5 consultants and expert witnesses; and (b) Respondents and the members of the legal team, assigned to this proceeding by the Nevada Attorney General’s Office, and 6 persons retained by Respondents’ counsel to litigate this matter, including, but not limited to, outside investigators, consultants and expert witnesses. This Protective 7 Order extends to members of the legal teams and all persons retained by the parties to litigate this matter. 8 2. Except for disclosures to the persons and agencies described in 9 Paragraph 1, disclosure of the contents of the documents and testimony and the documents and testimony themselves shall not be made to any other persons or 10 agencies, including, but not limited to, prosecutorial agencies and law enforcement personnel, without this Court’s order. 11 3. This order shall continue in effect after the conclusion of the habeas 12 corpus proceedings and specifically shall apply in the event of a retrial of all or any portion of Petitioner’s criminal case. Any modification or vacation of this order 13 shall only be made upon notice to and an opportunity to be heard from both parties. 14 IT IS FURTHER ORDERED that Counsel for Petitioner shall serve a copy of the sealed 15 || volume on counsel for Respondents within five days from the entry of this order. 16 DATED: 12/4/2025 17

20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28