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Nicholas Patrick v. Alfonso Fillon

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 4, 2012

NICHOLAS PATRICK, PETITIONER,
v.
ALFONSO FILLON, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

[PROPOSED] ORDER

Petitioner is proceeding on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 31, 2012, respondent filed an answer to the petition, and lodged several documents with the court. Respondent has requested that pages 1262-81 of the fifth volume of the Clerk's Transcript be sealed. See E.D. Cal. L.R. 141. Pages 1262-81 of the fifth volume of the Clerk's Transcript comprise a copy of the probation report. Presentence probation reports are confidential under both California and federal law. See Cal Penal Code § 1203.05; United States Dep't of Justice v. Julian, 486 U.S. 1, 12 (1988).

For good cause shown, IT IS HEREBY ORDERED that respondent's request to seal Pages 1262-81 of the fifth volume of the Clerk's Transcript (petitioner's probation report) is granted. Accordingly, the Clerk of Court is directed to seal the pertinent lodged document containing those pages.

20120604

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