Kenyon v. Branch

District Court, W.D. North Carolina

Kenyon v. Branch

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:17 CV 351

CHERYL CELESTE KENYON, f/k/a ) CHERYL PORTER; TAMMY McABEE, ) ) Plaintiffs, ) v. ) ORDER JIMMY LEE BRANCH, in his individual ) Capacity as employee of the North ) Carolina Department of Public Safety; ) FNU JACKSON, in her individual capacity as ) Superintendent / Warden of Swannanoa ) Correctional Center for Women; and ) TABITHA BATES, in her individual ) Capacity as employee of the North Carolina ) Department of Public Safety; ) ) Defendants. ) ______________________________________ )

This matter is before the Court on Defendants’ Motion to Seal Exhibits (Doc. 50) (“Motion to Seal”) which requests that the Court issue an order sealing Exhibits E, F, G, and H filed in support of Defendant’s Motion for Summary Judgment (Docs. 49-1, 49-2, 49-3, 49-4). Plaintiffs consent. The Court has considered the Motion to Seal, the public’s interest in access to the subject materials, and alternatives to sealing. The Court determines that sealing is necessary in this case, and that less restrictive means of handling the information are not sufficient, in part as the subject filings pertain to prisoner records which are “generally confidential and are not subject to inspection by the public.” Taylor v. Deaver, No. 5:11-CV-341-H,

2011 WL 5870053

, at *1 (E.D.N.C. Nov. 22, 2011) (citing Goble v. Barnes,

13 N.C.App. 579

,

186 S.E.2d 638

, aff'd,

281 N.C. 307

,

188 S.E.2d 347

(1972)). The sealing ordered herein shall be permanent, subject to further Order of the Court. Accordingly, the Defendant’s Motion to Seal (Doc. 50) is GRANTED, and Exhibits E, F, G, and H to Defendants’ Motion for Summary Judgment (Docs. 49-1, 49-2, 49-3, 49-4) shall be SEALED and remain sealed until further Order of the Court.

Signed: October 9, 2019

W. Carleton Metcalf fy United States Magistrate Judge + AM J

Reference

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