-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)

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