Plechner v. State of Washington

Filing 26

ORDER denying 18 Motion to Seal signed by Judge Karen L Strombom.(MET) cc: petitioner

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RICHARD PLECHNER,

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No. C14-5321 RBL-KLS

Petitioner,
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v.
ORDER DENYING MOTION TO SEAL
DOCUMENTS

DONALD R. HOLBROOK,
Respondent.

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Before the Court is Petitioner’s Motion to Seal his declaration, in which Petitioner
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describes his confinement in “the hole” and discusses a medical issue. Dkt. 18. This habeas

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matter is presently stayed pending Petitioner’s state court proceedings. Dkt. 17. The document

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in question is filed at Dkt. 19 and was temporarily placed under seal pending the Court’s

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consideration of Plaintiff’s motion. The motion will be denied.

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DISCUSSION
Under Local Civil Rule CR 5(g)(1), there is a “strong presumption of public access to the

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court’s files and records which may be overcome only on a compelling showing that the public’s
right of access is outweighed by the interests of the public and the parties in protecting files,

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records, or documents from public review.” Petitioner makes no such showing. Simply because

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the excerpts deal with an alleged medical issue does not justify sealing them from public view.

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ORDER DENYING MOTION TO SEAL- 1

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In addition, this case deals only with Petitioner’s habeas petition in which Petitioner

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seeks to challenge his convictions for second degree assault and felony harassment. The matter

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is presently stayed. There is no compelling showing that this material should be sealed.

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Accordingly, it is ORDERED:

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(1)

Petitioner’s motion to seal (Dkt. 18) is DENIED.

(2)

The Clerk shall unseal the document at Dkt. 19.

(3)

The Clerk of Court is directed to send a copy of this Order to Petitioner and to

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counsel for Respondent.

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DATED this 5th day of August, 2014.

A

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Karen L. Strombom
United States Magistrate Judge

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ORDER DENYING MOTION TO SEAL- 2