a 0 IR United States Attorney Southern District of New York 86 Chambers Street New York, New York 10007 August 19, 2025 APPLICATION GRANTED BY ECF Avo tf CG Hon. Stewart D. Aaron, U.S.A. Honorable Stewart D. Aaron Dated: August 20, 2025 United States Magistrate Judge Southern District of New York 500 Pearl Street New York, New York 10007 Re: JUS vy. Warden Pliler, 19 Civ. 02020 (VSB) (SDA) Dear Judge Aaron: This Office represents Respondent in the above-referenced habeas matter. I write to respectfully request permission to file under seal excerpts from Petitioner’s medical records from the Bureau of Prisons. Consistent with Section HI.E of this Court’s Individual Rules, these documents will be filed under seal on ECF. The government respectfully submits that sealing is appropriate notwithstanding the presumption of access discussed by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga,

(2d Cir. 2006), in light of the privacy interests of individuals in their medical records. See, e.g., Barnwell v. FCI Danbury, No. 10 Civ. 1301 (DJS),

, at *5 (D. Conn. Nov. 3, 2011) (noting a rebuttable presumption of openness of court filings, but granting motion to seal in light of federal law’s treatment of such records as confidential pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”),

(1996)). Courts in this District have permitted the sealing of medical records, even if specific details relating to the individual’s health appear on the record. See, e.g., Goyal v. United States, No. 19 Cr. 844 (CS),

, at *13 n.23 (S.D.N.Y. Jan. 27, 2025); United States v. Needham,

, 325 n.1 (S.D.N.Y. 2020); United States v. Estevez, No. 18 Cr. 669 (JPO),

, at *1 (S.D.N.Y. Apr. 20, 2020). In addition, the Court previously granted Petitioner’s request to keep Petitioner’s medical records, which were attached to the Government’s initial opposition to the Petition, under seal. See ECF Nos. 127, 128. Petitioner’s counsel consents to this request. I thank the Court for its attention to this matter.

Respectfully submitted, JAY CLAYTON United States Attorney for the Southern District of New York By: /s/ Dana Walsh Kumar DANA WALSH KUMAR Assistant United States Attorney 86 Chambers Street, 3rd floor New York, New York 10007 Telephone: (212) 637-2741 E-mail: [email protected]