HALL EL v. UNITED STATES OF AMERICA

Filing 31

ORDER signed by JUDGE N. C. TILLEY, JR on 09/16/2013, that the recommendation of the United States Magistrate Judge is ADOPTED; therefore, Defendant's Motion to Dismiss [Doc. # 13 ] is GRANTED. Plaintiff's Motion for Entry of Default [Doc. # 21 ] and for Default Judgment [Doc. # 18 ] are DENIED. Plaintiff's Motion to Seal [Doc. # 28 ] is DENIED. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
WILLIAM SALAAM HALL EL,
Plaintiff,
v.
RUSTY PATE and UNITED STATES
OF AMERICA,
Defendants

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1:11CV1037

ORDER
The recommendation of the United States Magistrate Judge [Doc. #
25] was filed with the Court on April 3, 2013, and was served on the parties
in this action. On April 11, 2013, Plaintiff filed an objection to the
recommendation [Doc. # 27] and a Motion to Seal [Doc. # 28] requesting
that his Complaint, Motion for Default Judgment, and “Rebuttal and
Objection to Memorandum and Recommendation of United States Magistrate
Judge” be sealed. Defendants timely responded [Doc. ## 29, 30].
The Court has reviewed the Magistrate Judge's recommendation and
has made a de novo determination which is in accordance with the
Magistrate Judge's report. The Magistrate Judge's recommendation is

adopted [Doc. # 25].
Plaintiff has not provided any specific reasons in support of his
argument that the documents he has filed should be sealed, stating only that
the documents are “privileged and confidential.” [Doc. # 28 at 1]. Thus,
Plaintiff has failed to show that his interest in privacy overcomes either the
common law or First Amendment presumption to access, or that no
alternative exists to sealing his submissions to the court, and his Motion to
Seal will be denied.
For the foregoing reasons, the recommendation of the United States
Magistrate Judge is ADOPTED; therefore, Defendant’s Motion to Dismiss
[Doc. # 13] is GRANTED. Plaintiff’s Motion for Entry of Default [Doc. # 21]
and for Default Judgment [Doc. # 18] are DENIED. Plaintiff’s Motion to Seal
[Doc. # 28] is DENIED.
This the 16th day of September, 2013.

/s/ N. Carlton Tilley, Jr.
Senior United States District Judge