Order — United States v. White (Dkt. 71, W.D.N.C.)

Summary

An order by the magistrate judge in United States v. Shavondra Michelle White, Case No. 3:22-CR-253-RJC-DCK, in the U.S. District Court for the Western District of North Carolina, signed and filed January 16, 2024 as Document 71. It grants the defendant's Motion To Seal (Document No. 70), filed January 12, 2024 and referred under 28 U.S.C. § 636(b). The order sets out the sealing requirements of LCrR 49.1.1 and LCvR 6.1, which begins from a presumption of public access. It orders that Document No. 69 be sealed and remain under seal until further order of the court.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

IN THE UNITED STATES DISTRICT COURT
                 FOR THE WESTERN DISTRICT OF NORTH CAROLINA
                              CHARLOTTE DIVISION
                           CASE NO. 3:22-CR-253-RJC-DCK

 UNITED STATES OF AMERICA,                         )
                                                   )
                 Plaintiff,                        )
                                                   )
    v.                                             )       ORDER
                                                   )
 SHAVONDRA MICHELLE WHITE,                         )
                                                   )
                 Defendant.                        )
                                                   )

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

(Document No. 70) filed on January 12, 2024. 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.

“Motions to seal a particular [criminal] pleading or any portion thereof and orders disposing of

such motions are governed by the requirements for sealing provided by LCvR 6.1, incorporated

herein by reference.” LCrR 49.1.1 (a).

         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




         Case 3:22-cr-00253-RJC-DCK Document 71 Filed 01/16/24 Page 1 of 3

               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, 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 the “Sealed Motion for Reduced Sentence

under Amendment 821” (Document No. 69) under seal. (Document No. 70). 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.

70) is GRANTED. Document No. 69 shall be SEALED and remain under SEAL until otherwise

ordered by this Court.




                                                  2
       Case 3:22-cr-00253-RJC-DCK Document 71 Filed 01/16/24 Page 2 of 3

                       SO ORDERED.



Signed: January 16, 2024




                                                       3
                       Case 3:22-cr-00253-RJC-DCK Document 71 Filed 01/16/24 Page 3 of 3

File and source

File

gov.uscourts.ncwd.109993.71.0.pdf

Size

158,837 bytes

SHA-256

dd6ed260d1d0d7ca830bd071a475a712ec8fb50f15dab4a2477932bfe1b8591e

Our copy

gov.uscourts.ncwd.109993.71.0.pdf

Original

archive.org