United States of America v. $36,083.22 in United States Currency et al

Filing 14

ORDER denying without prejudice 8 Motion to Seal Document Signed by Magistrate Judge Dennis Howell on 10/3/2011. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv145
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
$36,083.22 IN UNITED STATES
)
CURRENCY, et al.,
)
)
Defendants.
)
___________________________________ )

ORDER

Pending before the Court is the Motion to Seal [# 8]. Pursuant to 18 U.S.C. §
981(g)(5), the Government moves to file under seal Exhibit A to its Motion to Stay.
Section 981(g)(5) provides that in requesting a stay, the Government may “submit
evidence ex parte in order to avoid disclosing any matter that may adversely affect an
ongoing criminal investigation or pending criminal trial.” 18 U.S.C. § 981(g)(5).
The Government, however, has not demonstrated or set forth any argument as to how
disclosure of Exhibit A would adversely affect an ongoing criminal investigation or
pending criminal trial.

Accordingly, the Court DENIES without prejudice the

Government’s motion [# 8].

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Signed: October 3, 2011

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