Opinion
CASE NO. C13-5832 RJB-JRC
11-05-2013
MICKEY MANUEL, Petitioner, v. WESTERN STATE HOSPITAL. Respondent.
ORDER GRANTING MOTION TO
SEAL A PORTION OF THE
RECORD
The District Court has referred this petition for a writ of habeas corpus to United States Magistrate Judge J. Richard Creatura. The Court's authority for the referral is 28 U.S.C. § 636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner seeks relief from involuntary mental health commitment. Thus, the petition is filed pursuant to 28 U.S.C. § 2241.
Petitioner asks the Court to seal this case because the file will contain medical records and other personal data (ECF No. 5). Petitioner also attached 265 pages of medical records to a declaration in an attempt to provide "additional background." (ECF No. 6).
This is not the first case where petitioner has asked the Court to seal the case or a portion of the record. Petitioner attempted to remove an involuntary commitment proceeding from King County to the United States District Court for the Western District of Washington in Seattle. See, Harborview Medical Center v. Mickey Manuel 2:13-0583MJP/ JPD. In that case the Court stated:
As stated in the local rules for our district, there is a strong presumption of public access to the court's files. Where, as here, the sensitive information at issue is only contained in a few documents, the Court does not deem it appropriate to seal the entire case. As a result, the Court DENIES respondent's request that the Court seal this case in its entirety, or alternatively, redact respondent's personal data identifiers and medical records. The Court GRANTS plaintiff's [sic] request to protect his sensitive information by sealing the exhibits to his notice of removal.Harborview Medical Center v. Mickey Manuel (2:13-0583MJP/ JPD (ECF No. 6)).
This Court agrees with this reasoning. Accordingly, the motion to seal the entire record or redact information is DENIED. The Court grants the motion to seal ECF No. 6, which contains a number of petitioner's mental health records. The Clerk's office is directed that ECF No. 6 will remain sealed, but that other filings in this action are not sealed at this time.
____________________________
J. Richard Creatura
United States Magistrate Judge