REQUEST TO SEAL EXHIBITS IN SUPPORT OF MOVANT JAGDIP SEKHON'S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255 [PROPOSED] ORDER

EDMUND F. BRENNAN, Chief Magistrate Judge.

Pursuant to Local Rule 141(b), movant, JAGDIP SINGH SEKHON, by and through his counsel, Erin J. Radekin, respectfully requests an order sealing movant's Exhibits A through E, CR 622-2 and 622-3, in support of his motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, CR 622.

The basis for such motion is that Exhibit E, the immigration file of government witness Ranbir Khera, contains personal identifiers and other confidential information. Exhibit E was originally filed, unredacted and unsealed, in two parts. The first part was filed with Exhibits A through D at CR 622-2; the remainder was filed at CR 622-3. Movant thus requests that both CR 622-2 and 622-3 be sealed, as they both contain personal and confidential information pertaining to Mr. Khera. That is, he requests this Court order that CR 622-2 and 622-3 be no longer accessible on the ECF system.

The Court may order documents to be filed under seal. While the press and the public have a presumed right of access to court proceedings and documents under the First Amendment, this presumed right is not absolute. See Press-Enterprise Co. v. Superior Court, (1985) 464 U.S. 501, 50-9-510. It can be overcome based on findings that closure is essential to preserve higher values and is narrowly tailored to serve that interest. Id. at p. 510. From the Court's perspective, the controlling interest is to be articulated with findings specific enough that a reviewing court can determine whether the closure order was properly entered. Ibid.

Here, the movant seeks to seal the above-referenced documents to protect Mr. Khera's confidential information.

ORDER

Pursuant to Local Rule 141(b), and based upon the representation contained in movant's Request to File Under Seal, IT IS SO FOUND AND ORDERED THAT, movant's Exhibits A through E in support of the motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, CR 622-2 and 622-3, are temporarily sealed. IT IS FURTHER ORDERED THAT within 14 days from the date of this order, movant shall file properly redacted copies of ECF Nos. 622-2 and 622-3 in accordance with Local Rule 140(a).