United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER
MATTER is before the Court on Plaintiff's Motion
to Request to Resume the Case, Doc. 21, filed February 9,
2017, on Plaintiff's Motion to Request to Correct Filing
Errors, Doc. 22, filed February 9, 2017, and on
Plaintiff's Motion to Request to File and Seal, Doc. 23,
filed February 13, 2017.
to Resume the Case
Plaintiff filed his Complaint, the Court ordered Plaintiff to
either pay the filing fee or file a motion to proceed in
forma pauperis. See Order to Cure Deficiency,
Doc. 4, filed October 4, 2016. Plaintiff then filed his
Sealed Response to Order and Motion to Request Hold or
Suspend the Case, Doc. 5, filed October 27, 2017. The Court
extended the deadline for complying with the Court's
Order to Cure Deficiency, but did not stay litigation.
See Doc. 6, filed October 28, 2016. Plaintiff's
Motion to Resume the Case states he is “ready to resume
the case” and requests that the “suspension of
the case is to be ended on 02/10/17.” Doc. 21. Because
the Court has not stayed litigation of this case, the Court
will deny Plaintiff's Motion to Resume the Case as moot.
to Correct Filing Errors
seeks to: (i) seal his Motion to Correct Filing Errors; (ii)
seal portions of Document 9 and Documents 10, 19, and 20; and
(iii) withdraw Documents 14-17.
Court will deny Plaintiff's request to seal his Motion to
Correct Filing Errors. Courts have discretion to allow the
sealing of documents if the public's right of access is
outweighed by other interests. See JetAway Aviation, LLC
v. Bd. of Cnty. Comm'rs, 754 F.3d 824, 826 (10th
Cir.2014) (per curiam). “To overcome [the] presumption
against sealing, the party seeking to seal records must
articulate a real and substantial interest that justifies
depriving the public of access to the records that inform our
decision-making process.” Id. (internal
quotation marks omitted). Plaintiff has not articulated a
real and substantial interest that justifies sealing his
Motion to Correct Filing Errors; he states only that
“this motion is necessary only for relevant court
personnel.” Doc. 22 at 2.
seeks to seal portions of Document 9 and Documents 10, 19,
and 20, because they contain “very personal
information” and “only relevant court personnel
needs to know.” Doc. 22 at 2-3. The portions of
Document 9 which Plaintiff seeks to seal contain
Plaintiff's medical records. The Court will order the
Clerk to seal Document 9. See Eugene S. v. Horizon Blue
Cross Blue Shield of New Jersey, 663 F.3d 1124, 1135
(10th Cir. 2011) (party seeking leave to file documents under
seal based on the inclusion of medical records overcame
presumption that public had right of access to judicial
10, 19 and 20 are Plaintiff's Application to Proceed in
District Court without Prepaying Fees or Costs, a correction
to the Application, and an explanatory note regarding the
Application. Those documents contain information regarding
Plaintiff's income and financial resources, and general
statements regarding his mental health which are less
specific than statements about his mental health he has made
in other documents he has filed unsealed. See
Complaint at 4, Doc. 1, filed October 7, 2016; Special Demand
to the Court at 1-2, Doc. 3, filed October 7, 2016. Plaintiff
has not articulated a real and substantial interest that
justifies sealing his Application to proceed in forma
pauperis and the related correction and explanatory
note. See JetAway Aviation, LLC v. Bd. of Cnty.
Comm'rs, 754 F.3d 824, 826 (10th Cir.2014). The
Court will not seal Documents 10, 19 and 20.
seeks to withdraw Documents 14-17 because they are “no
longer necessary.” Doc. 22 at 2-3. Document 14
“is a cover sheet of Document 15.” Document 15
explains why Plaintiff made some filing errors. Plaintiff
states Document 15 is no longer necessary due to the filing
of his Motion to Correct Filing Errors and his meeting with
Case Management Supervisor Alonzo Medina. Document 17
“is a cover sheet of Document 16.” Document 16 is
a List of Attachments, including the attachments, for
Document 15. The Court will allow Plaintiff to withdraw
Documents 14-17. See D.N.M.LR-Civ. 7.7 (“A
party may withdraw a document from consideration by the Court
by filing and serving a notice of withdrawal which
specifically identifies the document being withdrawn.
Withdrawal requires consent of all other
parties or consent of the Court”).
to File and Seal
seeks to: (i) file an “Additional Explanation”
related to his Application to proceed in forma
pauperis; and (ii) seal the Motion which has
Plaintiff's Additional Explanation attached.
Court will grant Plaintiffs Motion to File and Seal because
it includes personal health information about Plaintiff.
See Eugene S v. Horizon Blue Cross Blue Shield of New
Jersey, 663 F.3d 1124, 1135 (10th Cir. 2011).