MOBLEY v. BAILEY ET AL

Filing 9

ORDER re 8 Motion to Seal Case is DENIED. Signed by MAGISTRATE JUDGE GARY R JONES on 8/5/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
RAY CHRIS MOBLEY,
Plaintiff,

v.

CASE NO. 5:11-cv-205-RH-GRJ

FRANK BAILEY, et al.,
Defendants.
_____________________________/
ORDER
This case is before the Court on Doc. 8, Plaintiff’s Motion To Seal Case. Plaintiff
requests the Court to “conceal the facts and claims in this case” because of Plaintiff’s
concern about reprisals from various law enforcement officers.
The Court finds that Plaintiff’s request lacks merit and, as a practical matter,
would make it impossible to proceed with this case if the Court was to conceal the facts
and claims. In any event, there is a strong presumption of openness in court
proceedings. See, e.g., United States v. Doe, 63 f.3d 121, 125-27 (2nd Cir. 1995).
Given the presumption of openness, proceedings should be closed only when
“essential to preserve higher values,” and any such order must be “narrowly tailored to
serve that interest.” Id. at 127 (internal quotations and citations omitted). In
considering such a motion, a court must consider whether there is a substantial
probability of prejudice to a compelling interest, whether reasonable alternatives are
available, and whether the interest at issue overrides the public’s First Amendment right
of access. Id. at 128. A court may summarily deny such a motion “in circumstances

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where a conclusory or wholly implausible allegation of danger is presented.” Id. at 130.
This is such a case. Plaintiff’s allegation of potential harm based upon events,
which Plaintiff alleges occurred in 2005, is wholly conclusional and speculative, and
therefore the motion should be denied. See id.
Accordingly, it is ORDERED:
Plaintiff’s Motion to Seal Case, doc. 8, is DENIED.
DONE AND ORDERED this 5th day of August 2011.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 5:11-cv-205-RH-GRJ