-TPK Scudder as n v. Mitchell

Filing 245

ORDER granting 244 Motion to File Document Ex Parte and Under Seal. Signed by Magistrate Judge Terence P. Kemp on 6/22/2017. (agm)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION KEVIN P. SCUDDER, Petitioner, v. BETTY MITCHELL, Warden, Case No. 2:00-cv-017 District Judge Algenon L. Marbley Magistrate Judge Terence P. Kemp Respondent. ORDER ALLOWING BUDGET TO BE FILED UNDER SEAL This capital habeas corpus case is before the Court on Petitioner’s Unopposed Motion to File Proposed Updated Budget Ex Parte and Under Seal. (ECF No. 244.) Petitioner states that his proposed budget contains sensitive personal information and reveals attorney work product and/or anticipated litigation strategy. Petitioner further notes that this Court has previously permitted defense budgets to be filed ex parte and under seal. (Id. at PageID 2420 (citing ECF Nos. 111 and 175.) Finally, Petitioner states that opposing counsel have no objection to this motion. The Court agrees that budget and fee matters are typically handled ex parte and under seal in order to protect an indigent prisoner’s rights to equal protection, due process, and the right to counsel. Accordingly, Petitioner’s Motion (ECF No. 244) is GRANTED. The Clerk is DIRECTED to PERMIT Petitioner to file his proposed updated budget ex parte and under seal. IT IS SO ORDERED. /s/ Terence P. Kemp___________________ United States Magistrate Judge

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