Underwood v. United States of America

Filing 84

MEMORANDUM OPINION AND ORDER SEALING EXHIBITS as to John Marshall Underwood, Jr.; granting as more fully set forth herein 82 MOTION by United States of America to Seal attached Exhibit 1 as to John Marshall Underwood, Jr.; directing the Clerk to seal the exhibits attached to the Motion to Seal. Signed by Magistrate Judge Cheryl A. Eifert on 10/18/2018. (cc: attys; any unrepresented party) (tmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
JOHN MARSHALL UNDERWOOD, JR.,
Movant,
v.

Case No. 2:18-cv-00671
Case No. 2:17-cr-00029

UNITED STATES OF AMERICA,
Respondent.

MEMORANDUM OPINION AND ORDER SEALING EXHIBITS
Pending before the Court is Respondent’s Motion to Seal. (ECF No. 82). The Court
notes that the attached exhibits contain confidential information, some of which involves
minor children. Due to the confidential nature of the information contained in the
exhibits, and the requirement that such information not be published, this Court
ORDERS the Clerk to seal the exhibits attached to the Motion to Seal. The undersigned
is cognizant of the well-established 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, the attached exhibits 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 documents, but
in view of the confidential nature of the information, no such alternatives are feasible at
this time. Accordingly, the Court finds that sealing the exhibits attached to Respondent’s
Motion to Seal 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: October 18, 2018