Morris v. Masters

Filing 20

MEMORANDUM OPINION AND ORDER SEALING EXHIBIT: The Court ORDERS Exhibit 7 to Respondent's Response to the Order to Show Cause be sealed and designated as sealed on the Court's docket; Respondent's 19 MOTION to Seal is terminated. Signed by Magistrate Judge Cheryl A. Eifert on 2/9/2016. (cc: Petitioner and all counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BLUEFIELD DIVISION
JEROME ANTHONY MORRIS,
Petitioner,
v.

Case No. 1:15-cv-04912

BART MASTERS, Warden
Respondent.
MEMORANDUM OPINION AND ORDER SEALING EXHIBIT
Pending before the Court is Respondent’s Motion to File Under Seal Exhibit 7 of
Its Response to the Order to Show Cause. (ECF No. 19). Exhibit 7 is a copy of the
Petitioner’s Presentence Report. Due to the confidential nature of the information
contained in the report, and the requirement that such reports not be published, this
Court ORDERS Exhibit 7 to be sealed. The undersigned is cognizant of the wellestablished Fourth Circuit precedent recognizing a presumption in favor of public access
to judicial records. Ashcraft v. Conoco, Inc., 218 F.3d 288 (4th Cir. 2000). As stated in
Ashcraft, before sealing a document, the Court must follow a three step process: (1)
provide public notice of the request to seal; (2) consider less drastic alternatives to sealing
the document; and (3) provide specific reasons and factual findings supporting its
decision to seal the documents and for rejecting alternatives. Id. at 302. In this case,
Exhibit 7 shall be sealed and will be designated as sealed on the Court’s docket. The Court
deems this sufficient notice to interested members of the public. The Court has considered
less drastic alternatives to sealing the document, but in view of the confidential nature of

the information, no such alternatives are feasible at this time. Accordingly, the Court finds
that sealing Exhibit 7 does not unduly prejudice the public’s right to access court
documents.
The Clerk is instructed to provide a copy of this Order to the Petitioner and all
counsel of record.
ENTERED: February 9, 2016