Morris v. Masters, No. 1:2015cv04912 - Document 20 (S.D.W. Va. 2016)
Court Description: MEMORANDUM OPINION AND ORDER SEALING EXHIBIT: The Court ORDERS Exhibit 7 to Respondent's Response to the Order to Show Cause be sealed and designated as sealed on the Court's docket; Respondent's 19 MOTION to Seal is terminated. Signed by Magistrate Judge Cheryl A. Eifert on 2/9/2016. (cc: Petitioner and all counsel of record) (arb)
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Morris v. Masters Doc. 20 IN TH E U N ITED STATES D ISTRICT COU RT FOR TH E SOU TH ERN D ISTRICT OF W EST VIRGIN IA BLU EFIELD D IVISION JEROME AN TH ON Y MORRIS, Pe titio n e r, v. Cas e N o . 1:15-cv-0 4 9 12 BART MASTERS, W ard e n Re s p o n d e n t. MEMORAN D U M OPIN ION AN D ORD ER SEALIN G EXH IBIT Pending before the Court is Respondent’s Motion to File Under Seal Exhibit 7 of Its Response to the Order to Show Cause. (ECF No. 19). Exhibit 7 is a copy of the Petitioner’s Presentence Report. Due to the confidential nature of the inform ation contained in the report, and the requirem ent that such reports not be published, this Court ORD ERS Exhibit 7 to be sealed. The undersigned is cognizant of the wellestablished Fourth Circuit precedent recognizing a presum ption in favor of public access to judicial records. Ashcraft v. Conoco, Inc., 218 F.3d 288 (4th Cir. 20 0 0 ). As stated in Ashcraft, before sealing a docum ent, the Court m ust follow a three step process: (1) provide public notice of the request to seal; (2) consider less drastic alternatives to sealing the docum ent; and (3) provide specific reasons and factual findings supporting its decision to seal the docum ents and for rejecting alternatives. Id. at 30 2. In this case, Exhibit 7 shall be sealed and will be designated as sealed on the Court’s docket. The Court deem s this sufficient notice to interested m em bers of the public. The Court has considered less drastic alternatives to sealing the docum ent, but in view of the confidential nature of Dockets.Justia.com the inform ation, no such alternatives are feasible at this tim e. Accordingly, the Court finds that sealing Exhibit 7 does not unduly prejudice the public’s right to access court docum ents. The Clerk is instructed to provide a copy of this Order to the Petitioner and all counsel of record. EN TERED : February 9, 20 16
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