Thomas

MEMORANDUM **

*667 Freddie Fuiava appeals the district court’s denial of his motion to intervene in this closed case in the Central District, to seek modification of a protective order that apparently is still in effect.

Fuiava, a prisoner seeking post-conviction relief in state court, alleges a need to access parts of the district court record to obtain evidence for use in his state court habeas corpus petition. The district court denied the motion without stating a reason for its denial. We vacate the challenged order and remand the motion to give the district court an opportunity to state the reasons for its ruling.

In Foltz v. State Farm Mutual Automobile Insurance Co., 331 F.3d 1122 (9th Cir.2003), we held that district courts abuse them discretion when they deny motions seeking modification of a protective order without explanation.

On May 26, 2006, the California Superi- or Court in which Fuiava is pursuing his post-conviction remedy, granted in part his motion to conduct discovery of certain records from the Los Angeles County Sheriffs Department. Fuiava then made the pending motion to intervene in this case, requesting that the district court modify its protective…