USA v. Rivers

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CASE NO. 5:20-CR-059-KDB-DCK
THIS MATTER IS BEFORE THE COURT on Defendant’s “Motion To Seal
Document” (Document No. 70) filed on March 28, 2022. This motion has been referred to the
undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is
appropriate. Having carefully considered the motion and the record, the undersigned will grant
the motion.
A party who seeks to seal any pleading must comply with the Local Rules of this Court.
Local Civil Rule(“LCvR”) 6.1 provides in relevant part as follows:
LCvR. 6.1 SEALED FILINGS AND PUBLIC ACCESS.
(a) Scope of Rule. To further openness in civil case proceedings, there
is a presumption under applicable common law and the First
Amendment that materials filed in this Court will be filed unsealed.
This Rule governs any party’s request to seal, or otherwise restrict
public access to, any materials filed with the Court or used in
connection with judicial decision- making. As used in this Rule,
“materials” includes pleadings and documents of any nature and in
any medium or format.
(b) Filing under Seal. No materials may be filed under seal except by
Court order, pursuant to a statute, or in accordance with a previously
entered Rule 26(e) protective order.
(c) Motion to Seal or Otherwise Restrict Public Access. A party’s
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) ORDER
)
ANTHONY RICHARD RIVERS, )
)
Defendant. )
)
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request to file materials under seal must be made by formal motion,
separate from the motion or other pleading sought to be sealed,
pursuant to LCvR 7.1. Such motion must be filed electronically
under the designation “Motion to Seal.” The motion must set forth:
(1) A non-confidential description of the material sought
to be sealed;
(2) A statement indicating why sealing is necessary and
why there are no alternatives to filing under seal;
(3) Unless permanent sealing is sought, a statement
indicating how long the party seeks to have the
material maintained under seal and how the matter is
to be handled upon unsealing; and
(4) Supporting statutes, case law, or other authority.
LCvR 6.1.
By the instant motion, Defendant seeks to file his “Sentencing Exhibit” (Document No.
69) under seal. (Document No. 70). Defendant contends that this filing includes sensitive
information that should be sealed. Id.
Having considered LCvR 6.1(c) and LCrR 49.1.1, and the record of this case, the Court
will allow Defendant’s motion. Noting that the time for public response has not run to this motion,
the Court will consider any objection to this Order from non-parties as an objection to the motion,
requiring no additional burden for any non-party under the Federal Rules of Civil Procedure. See
LCvR 6.1(e).
IT IS, THEREFORE, ORDERED that Defendant’s “Motion To Seal Document”
(Document No. 70) is GRANTED. Document No. 69 and its attachments shall be SEALED and
remain under SEAL until otherwise ordered by this Court.
Signed: March 29, 2022
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