BROWN v. UNITED STATES OF AMERICA

Filing 14

MEMORANDUM AND ORDER that petitioner's request to seal this matter 13 is denied. Signed by Judge Robert B. Kugler on 5/4/2017. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
MALCOLM LEWIS BROWN,
:
:
Petitioner,
:
Civ. No. 13-5392 (RBK)
:
v.
:
:
UNITED STATES OF AMERICA,
:
MEMORANDUM AND ORDER
:
Respondent.
:
_________________________________________ :
Petitioner, Malcolm Lewis Brown, is a federal prisoner proceeding pro se with a motion
to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. On July 27, 2016, this
Court denied Mr. Brown’s § 2255 motion. (See Dkt. Nos. 11 & 12) Mr. Brown did not appeal the
denial of his § 2255 motion.
On April 17, 2017, this Court received a letter from Mr. Brown. (See Dkt. No. 13) The
letter appears to seek to have this entire matter sealed. Mr. Brown’s request to have this matter
sealed will be denied. Local Civil Rule 5.3(c) governs motions to seal. The rule states as follows:
Any motion to seal or otherwise restrict access made under this
rule shall be filed by the party seeking to seal materials, unless the
parties otherwise agree. Any such motion shall be (a) filed within
14 days following the completed briefing of the materials sought to
be sealed or may be ordered by the Court . . . .
Any motion papers shall include as part of an affidavit, declaration,
certification or other documents of the type referenced in 28
U.S.C. § 1746, which shall be based on personal knowledge as
required by Local Civil Rule 7.2(a), an index, substantially in form
suggested by Appendix U, describing with particularity:
(a) the nature of the materials or proceedings at
issue;
(b) the legitimate private or public interest which
warrant the relief sought;
(c) the clearly defined and serious injury that would
result if the relief sought is not granted;
(d) why a less restrictive alternative to the relief
sought is not available;

(e) any prior order sealing the same materials in the
pending action; and
(f) the identity of any party or nonparty known to be
objecting to the sealing request.
L.Civ.R. 5.3(c)(2)(ii); (3). Mr. Brown’s request to seal is untimely. Furthermore, it does not
comply with particularity the items listed above. Therefore, his request to seal this matter will be
denied.
Accordingly, IT IS this 4th day of May, 2017,
ORDERED that petitioner’s request to seal this matter (Dkt. No. 13) is denied; and it is
further
ORDERED that the Clerk shall serve this order on petitioner by regular U.S. mail.]

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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