Free Motion for Leave to File - District Court of California - California

Case 3:08-cv-01538-JAH-WMC

Document 6

Filed 09/04/2008

Page 1 of 4

1 2 3 4 5 6 7 8

KAREN P. HEWITT United States Attorney CHARLOTTE E. KAISER Assistant United States Attorney California State Bar No. 256356 United States Attorney's Office for the Southern District of California 880 Front Street, Room 6293 San Diego, CA 92101-8893 Telephone: (619) 557-7031 Attorneys for the United States of America UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. UNITED STATES OF AMERICA, Respondent. DENISE CARRILLO, Petitioner, ) ) ) ) ) ) ) ) ) ) ) Case No. 08CV1538-DMS EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL EXHIBITS 4 THROUGH 6 OF THE DECLARATION OF NELLIE KLEIN TORRES BY RESPONDENT

Respondent United States files this ex parte motion for leave to file under seal exhibits 4 through 6 of the declaration of Nellie Klein Torres. In the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, Petitioner asserts inadequate prenatal care while in the custody of the Bureau of Prisons. This case originally was assigned to U.S. District Judge John A. Houston but has been reassigned to U.S. District Judge Dana M. Sabraw. In an August 21, 2008 Order, however, U.S. District Judge Houston ordered Respondent to file a return that "shall include copies of all pertinent documents . . . . relevant to this petition[.]" Exhibits 4 through 6 of the Declaration of Nellie Klein Torres (an attorney with the Bureau of Prisons) consist of medical records, including prenatal care, related to Petitioner's claim of inadequate medical care and thus they are relevant to the petition. Although Petitioner squarely places her medical care at issue, the United States requests that Exhibits 4 through 6 of the Declaration of Nellie Klein Torres be filed under seal due to privacy concerns. //

Case 3:08-cv-01538-JAH-WMC

Document 6

Filed 09/04/2008

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 /s/Charlotte E. Kaiser CHARLOTTE E. KAISER Assistant United States Attorney DATE: September 4, 2008 Respectfully submitted, KAREN P. HEWITT United States Attorney For the Court's review, the United States will submit Exhibits 4 through 6 of the Declaration of Nellie Klein Torres directly to chambers via electronic mail until it receives notice that it may file such documents under seal with the Clerk of the U.S. District Court for the Southern District of California. The Return to the Petition for Writ of Habeas Corpus is due no later than September 8, 2008 and thus the United States requests a ruling as soon as possible. For the Court's convenience, the United States includes a proposed order.

08CV1538

Case 3:08-cv-01538-JAH-WMC

Document 6

Filed 09/04/2008

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: September _, 2008. v. DENISE CARRILLO, Petitioner,

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) Case No. 08CV1538-DMS

ORDER

UNITED STATES OF AMERICA, Respondent.

Upon application of the United States and good cause appearing thereof, IT HEREBY IS ORDERED that the United States Attorney is granted leave to file Exhibits 4 through 6 of the Declaration of Nellie Klein Torres under seal. SO ORDERED.

DANA M. SABRAW United States District Judge

3

08CV1538

Case 3:08-cv-01538-JAH-WMC

Document 6

Filed 09/04/2008

Page 4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. DENISE CARRILLO, Petitioner,

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) Case No. 08CV1538-DMS

CERTIFICATE OF SERVICE

UNITED STATES OF AMERICA, Respondent.

IT IS HEREBY CERTIFIED that: I, Charlotte E. Kaiser, am a citizen of the United States over the age of 18 years and a resident of San Diego County, California; my business address is 880 Front Street, Room 6293 San Diego, California 92101-8800. I am not a party to the above-entitled action. I have caused service of the EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL EXHIBITS 4 THROUGH 6 OF THE DECLARATION OF NELLIE KLEIN TORRES BY RESPONDENT by electronically filing the foregoing with the Clerk of the U.S. District Court for the Southern District of California using its ECF System, which electronically notifies: Eric Beaudikofer, Attorney for Petitioner Denise Carrillo.

I declare under penalty of perjury that the foregoing is true and correct. DATED: September 4, 2008 Respectfully submitted, KAREN P. HEWITT United States Attorney /s/Charlotte E. Kaiser CHARLOTTE E. KAISER Assistant United States Attorney

4

08CV1538