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Minute Order on Motion for Copies of Privileged Administrative Docket — United States v. Richard Nelson

Summary

A Minute Order in Chambers dated October 3, 2022, filed as Document 77 in United States of America v. Richard Nelson, Case No. 3:20-CR-00020-LRH-CSD, in the U.S. District Court for the District of Nevada, with the Honorable Larry R. Hicks present. It addresses Nelson's Unopposed Motion for Copies of the Privileged Administrative docket for Appellate Purposes (ECF No. 76). The Court states that it does not have a "non-public docket sheet". The order grants the motion in part, directing the Clerk to provide copies of docket entries (ECF Nos. 5, 24, 56, 58 and 61) to Amy B. Cleary, Assistant Federal Public Defender, and Elizabeth O. White, Assistant United States Attorney. The motion for copies of the Privileged Administrative docket sheet is denied without prejudice.

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“Minute Order on Motion for Copies of Privileged Administrative Docket — United States v. Richard Nelson.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-20-cr-00020-dkt-77-753b08acf9/, SHA-256 9afa93eadc7fa393d85c2a17f403de46e18b283ec20cfc2b775cc2d943ebe27c.

Full text

            Case 3:20-cr-00020-LRH-CSD Document 77 Filed 10/03/22 Page 1 of 2




                                UNITED STATES DISTRICT COURT

                                       DISTRICT OF NEVADA

UNITED STATES OF AMERICA,                              Case No.: 3:20-CR-00020-LRH-CSD

                                     Plaintiff,        MINUTE ORDER

      v.                                               Date: OCTOBER 3, 2022

RICHARD NELSON,
                                  Defendant.



PRESENT: THE HONORABLE LARRY R. HICKS, UNITED STATES DISTRICT JUDGE
DEPUTY CLERK:           NONE APPEARING                 REPORTER: NONE APPEARING
COUNSEL FOR PLAINTIFF(S):                         NONE APPEARING
COUNSEL FOR DEFENDANT(S):                         NONE APPEARING
MINUTE ORDER IN CHAMBERS:
           Before the Court is Defendant Richard Nelson’s (“Nelson”) Unopposed Motion for

Copies of the Privileged Administrative docket for Appellate Purposes (ECF No. 76). Nelson

is requesting copies of the “non-public docket sheet” to effectively determine which sealed or

restricted documents are necessary to accurately provide and cite to the record on appeal.

           The Court does not have a “non-public docket sheet.” The Court notes that when a

sealed or restricted access document is filed on the docket it is identified by an omitted docket

entry number. In this case the following document docket entry numbers are omitted:

           [5]    04/14/20 – Sealed Financial Affidavit of Richard Nelson,

           [24] 05/19/20 – Sealed Arrest Warrant for Richard Nelson,

           [56]   04/26/2022 – Sealed Sentencing Exhibit to [53] Sentencing Memorandum,

           [58]   04/27/2022 – Sealed Motion to Seal and Proposed Sealing Order, and

           [61]   05/02/2022 – Sealing Order Government’s Exhibit 1 – Audio Interview of
                  R. Nelson 4/11/2022 [ECF No. 54].
         Case 3:20-cr-00020-LRH-CSD Document 77 Filed 10/03/22 Page 2 of 2




Docket Entry numbers (ECF Nos. 70-75) are transcripts of proceedings which Nelson

requested (ECF No. 69).

         The Court’s Privileged Administrative docket is an administrative record that contains

communications between court personnel to assist Article III judges with the deliberative

process and that process is subject to judicial privilege. For that reason, the communications

within the Privilege Administrative docket are not available for the record on appeal.

Accordingly,

        IT IS ORDERED that Nelson’s motion for copies of the Privileged Administrative

docket (ECF No. 76) is GRANTED in part. The Clerk of the Court shall provide copies of

docket entries (ECF Nos. 5, 24, 56, 58 and 61) to Amy B. Cleary, Assistant Federal Public

Defender and Elizabeth O. White, Assistant United States Attorney.

        IT IS FURTHER ORDERED that Nelson’s motion for copies of the Privileged

Administrative docket sheet is DENIED without prejudice.

        IT IS SO ORDERED.
                                             DEBRA K. KEMPI, CLERK

                                                    By:             /s/

                                                                  Deputy Clerk

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