Killens v. Anglea

— 1 — — 2 — — 3 — 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA — 6 — 7 JORDAN LUIS KILLENS, Case No. 19-cv-02621-HSG 8 Petitioner, ORDER GRANTING MOTION TO FILE PROBATION OFFICER'S 9 v. REPORT UNDER SEAL 10 HUNTER ANGLEA, Re: Dkt. No. 25 11 Respondent. — 12 — 13 Petitioner, a state prisoner, has filed this habeas petition pursuant to 28 U.S.C. § 2254 14 challenging a conviction obtained in Monterey County Superior Court. Dkt. No. 1. On August 6, 15 2019, the Court ordered respondent to show cause why a writ of habeas corpus should not be 16 granted based on petitioner’s cognizable claims. Dkt. No. 10. Respondent has filed an answer to 17 the order to show cause and has requested to file under seal all probation officer memoranda, 18 reports, and supplemental reports for petitioner and his codefendant at trial, Richard Ravanesh 19 Singh. Dkt. No. 25. Respondent states that Cal. R. Ct. 8.45-8.47 now provides that personal 20 information in a probation report is now confidential, citing People v. Connor, 115 Cal.App.4th 21 669 (Cal. Ct. App. 2004). Connor holds that Cal. Penal Code § 1203.05 renders probation reports, 22 or at least any detailed personal information contained in them, conditionally confidential sixty 23 days after judgment is pronounced or probation granted, whichever is earlier. Connor, 115 Cal. 24 App. 4th at 685. 25 There is a strong presumption favoring the public’s right of access to court records which 26 should be overridden only for a compelling reason. Hagestad v. Tragesser, 49 F.3d 1430 , 143327 34 (9th Cir. 1995). “In general, compelling reasons sufficient to outweigh the public’s interest in 1 vehicle for improper purposes, such as the use of records to gratify private spite, promote public 2 scandal, circulate libelous statements, or release trade secrets.” Kamakana v. City & Cnty. of 3 Honolulu, 447 F.3d 1172 , 1179 (9th Cir. 2006) (quotation omitted). 4 Here, respondent seeks to file under seal all probation officer memoranda, reports, and 5 supplemental reports for petitioner and his co-defendant Singh because these documents contain 6 || personal information. Probation reports are “designed to contain highly personal information 7 about the defendant, including his or her arrest record; family background; and employment, 8 || military, medical, and psychological histories.” Connor, 115 Cal. App. 4th at 681 . This type of 9 || personal information “could become a vehicle for improper purposes” and justifies sealing the 10 exhibits. Kamakana, 447 F.3d at 1179. Thus, the Court finds a compelling need for these 11 documents to remain confidential. The Court GRANTS respondent’s motion to file Exhibits 15 12 || and 16 to the answer to the order to show cause under seal. Both Exhibits 15 and 16 shall remain 5 13 under seal until the conclusion of this case and any appellate proceedings. If counsel for 14 || respondent does not request that these documents be returned following the conclusion of this case 3 15 and any appellate proceedings, these documents will be destroyed in conformance with the normal 16 || records destruction policy of the United States Courts. 3 17 This order terminates Dkt. No. 25. IT IS SO ORDERED. 19 || Dated: 11/19/2019 20 Alnpwrl & Mbt |) HAYWOOD S. GILLIAM, JR. United States District Judge — 22 — — 23 — — 24 — — 25 — — 26 — — 27 — — 28 —