Kenyon et al v. Branch et al

Filing 52

ORDER granting 50 Motion to Seal Exhibits filed in document 49 Exhibits in Support of Motion for Summary Judgment. Exhibits E, F, G and H to remain under seal until further Order of the Court. Signed by Magistrate Judge W. Carleton Metcalf on 10/9/19. (reh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 CV 351
CHERYL CELESTE KENYON, f/k/a
CHERYL PORTER; TAMMY McABEE,

)
)
)
Plaintiffs,
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v.
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JIMMY LEE BRANCH, in his individual
)
Capacity as employee of the North
)
Carolina Department of Public Safety;
)
FNU JACKSON, in her individual capacity as )
Superintendent / Warden of Swannanoa
)
Correctional Center for Women; and
)
TABITHA BATES, in her individual
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Capacity as employee of the North Carolina
)
Department of Public Safety;
)
)
Defendants.
)
______________________________________
)

ORDER

This matter is before the Court on Defendants’ Motion to Seal Exhibits
(Doc. 50) (“Motion to Seal”) which requests that the Court issue an order
sealing Exhibits E, F, G, and H filed in support of Defendant’s Motion for
Summary Judgment (Docs. 49-1, 49-2, 49-3, 49-4). Plaintiffs consent.
The Court has considered the Motion to Seal, the public’s interest in
access to the subject materials, and alternatives to sealing.

The Court

determines that sealing is necessary in this case, and that less restrictive
means of handling the information are not sufficient, in part as the subject
filings pertain to prisoner records which are “generally confidential and are not

subject to inspection by the public.” Taylor v. Deaver, No. 5:11-CV-341-H, 2011
WL 5870053, at *1 (E.D.N.C. Nov. 22, 2011) (citing Goble v. Barnes, 13
N.C.App. 579, 186 S.E.2d 638, aff'd, 281 N.C. 307, 188 S.E.2d 347 (1972)). The
sealing ordered herein shall be permanent, subject to further Order of the
Court.
Accordingly, the Defendant’s Motion to Seal (Doc. 50) is GRANTED, and
Exhibits E, F, G, and H to Defendants’ Motion for Summary Judgment (Docs.
49-1, 49-2, 49-3, 49-4) shall be SEALED and remain sealed until further Order
of the Court.

Signed: October 9, 2019

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