Spearmen
(HC) Loyd v. Spearmen
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANIEL RAY LOYD, Case No. 18-cv-07228-HSG
Petitioner, ORDER GRANTING REQUEST TO
FILE UNDER SEAL
v. Re: Dkt. No. 27 NEIL MCDOWELL, Respondent.
12 Petitioner, a state prisoner, has filed this habeas petition pursuant to 28 U.S.C. § 2254. Dkt. No. 1. On January 31, 2019, the Court ordered Respondent to show cause why a writ of habeas corpus should not be granted based on Petitioner’s cognizable claims. Dkt. No. 10. Respondent has filed an answer to the order to show cause (Dkt. Nos. 25, 26) and has requested to file under seal the Lake County Probation Officer’s Report, which is located at pages 2156-83 of the state court clerk’s transcript on appeal and is lodged as Exhibit 23 to the Answer. Dkt. No. 27. Respondent argues that Cal. R. Ct. 8.45-8.47 require that personal information in a probation report be kept confidential, citing People v. Connor, 115 Cal.App.4th 669 (Cal. Ct. App. 2004). Connor holds that Cal. Penal Code § 1203.05…