James Scott v. Kevin Chappell

MEMORANDUM

Kevin Chappell, Warden, California State Prison at San Quentin (hereafter “the State”), appeals a December 12, 2012, district court order, which referenced a prior stipulated protective order and sealed documents pursuant to the terms of that protective order.

James Robert Scott, a prisoner subject to a death sentence, sought habeas corpus relief and claimed, inter alia, ineffective assistance of counsel (IAC). Scott and the State then entered into a stipulation for a protective order on July 24, 2006, which was accepted and ordered by the court on August 8, 2006. That order formed the basis of the minute order appealed here. We affirm.

(1) Scott first asserts that we lack jurisdiction over this appeal because the order does not constitute a final judgment. We disagree. We have long held that pursuant to the collateral order doctrine we have jurisdiction to hear appeals from protective orders in capital cases. See Bittaker v. Woodford, 331 F.3d 715, 717-18 (9th Cir.2003) (en banc); see also Osband v. Woodford, 290 F.3d 1036, 1037-38 (9th Cir.2002); Wharton v. Calderon, 127 F.3d 1201, 1204 (9th Cir.1997). Whether we agreed or disagreed with those decisions, we would…