Order — United States v. Prioleau (Dkt. 50, W.D.N.C.)

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An Order in United States of America v. Rashawn Devon Prioleau, Case No. 3:21-CR-049-MOC-DCK-1, in the U.S. District Court for the Western District of North Carolina, signed March 23, 2022 by the referred magistrate judge. The order addresses the defendant's Motion To Seal (Document No. 48), filed March 21, 2022. Reviewing the request under LCvR 6.1 and its presumption that filings are public, the court allows the motion. It orders Document No. 49 and the motion itself sealed until otherwise ordered, and treats any non-party objection to the order as an objection to the motion.

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IN THE UNITED STATES DISTRICT COURT
                 FOR THE WESTERN DISTRICT OF NORTH CAROLINA
                              CHARLOTTE DIVISION
                          CASE NO. 3:21-CR-049-MOC-DCK-1

 UNITED STATES OF AMERICA,                              )
                                                        )
                 Plaintiff,                             )
                                                        )
    v.                                                  )      ORDER
                                                        )
 RASHAWN DEVON PRIOLEAU,                                )
                                                        )
                 Defendant.                             )
                                                        )

         THIS MATTER IS BEFORE THE COURT on Defendant’s “Motion To Seal”

(Document No. 48) filed on March 21, 2022. This motion has been referred to the undersigned

Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate. Having

carefully considered the motion and the record, the undersigned will grant the motion.

         A party who seeks to seal any pleading must comply with the Local Rules of this Court.

Local Civil Rule (“LCvR”) 6.1 provides in relevant part as follows:

         LCvR. 6.1     SEALED FILINGS AND PUBLIC ACCESS.

         (a)    Scope of Rule. To further openness in civil case proceedings, there
                is a presumption under applicable common law and the First
                Amendment that materials filed in this Court will be filed unsealed.
                This Rule governs any party’s request to seal, or otherwise restrict
                public access to, any materials filed with the Court or used in
                connection with judicial decision- making. As used in this Rule,
                “materials” includes pleadings and documents of any nature and in
                any medium or format.

         (b)    Filing under Seal. No materials may be filed under seal except by
                Court order, pursuant to a statute, or in accordance with a previously
                entered Rule 26(e) protective order.

         (c)    Motion to Seal or Otherwise Restrict Public Access. A party’s
                request to file materials under seal must be made by formal motion,
                separate from the motion or other pleading sought to be sealed,




      Case 3:21-cr-00049-MOC-DCK Document 50 Filed 03/23/22 Page 1 of 2

               pursuant to LCvR 7.1. Such motion must be filed electronically
               under the designation “Motion to Seal.” The motion must set forth:

               (1)    A non-confidential description of the material sought
                      to be sealed;
               (2)    A statement indicating why sealing is necessary and
                      why there are no alternatives to filing under seal;
               (3)    Unless permanent sealing is sought, a statement
                      indicating how long the party seeks to have the
                      material maintained under seal and how the matter is
                      to be handled upon unsealing; and
               (4)    Supporting statutes, case law, or other authority.

LCvR 6.1.

       By the instant motion, Defendant seeks to file his “Joint Motion To Extend Report Date”

(Document No. 49) under seal. (Document No. 48). Defendant contends that this filing includes

sensitive information that should be sealed. Id.

       Having considered LCvR 6.1(c) and LCrR 49.1.1, and the record of this case, the Court

will allow Defendant’s motion. Noting that the time for public response has not run to this motion,

the Court will consider any objection to this Order from non-parties as an objection to the motion,

requiring no additional burden for any non-party under the Federal Rules of Civil Procedure. See

LCvR 6.1(e).

       IT IS, THEREFORE, ORDERED that Defendant’s “Motion To Seal” (Document No.

48) is GRANTED. Document No. 49 and the instant “Motion To Seal” (Document No. 48) shall

be SEALED and remain under SEAL until otherwise ordered by this Court.

       SO ORDERED.


                                 Signed: March 23, 2022




                                                   2
                                 SEALED DOCUMENT with access to All Parties/Defendants.
      Case 3:21-cr-00049-MOC-DCK Document 50 Filed 03/23/22 Page 2 of 2

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