ORDER GRANTING MOTION TO FILE DOCUMENTS UNDER SEAL FOR IN CAMERA INSPECTION

KAREN E. SCHREIER, District Judge.

Defendants, Steve Baker, Derrik Bieber, Jennifer Drieske, Tammi Mertens-Jones, Linda Miller-Hunhoff, Jordan Storevik, Elizabeth Effling, Darin Young, Robert Dooley, Jennifer Stanwick-Klimek, and Dennis Kaemingk, move to seal copies of the magazines at issue in plaintiff's lawsuit. Docket 226. Defendants state that the magazines were rejected and not delivered to plaintiff because they were found to contain "nudity" or "sexually explicit" content, in violation of South Dakota Department of Corrections policy. Id. at 1.

Defendants assert that if the magazines themselves are attached as exhibits to the affidavits filed with the court and served on plaintiff, plaintiff will have a copy of the very materials that defendants refuse to provide him. Id. Courts have found that inmates may not obtain materials through litigation that had been denied by their penological institution. See Roberts v. Apker, 570 F. App'x 646, 649-50 (9th Cir. 2017); Order Granting Motion to Seal, Maday v. Dooley, 4:17-cv-04168-KES (D.S.D. Nov. 8, 2018); Order Granting Motion to File Documents Under Seal for In Camera Inspection, Hughbanks v. Dooley, 4:10-cv-4064-KES (D.S.D. May 3, 2011); Lindell v. McCaughtry, No. 01-C-209-C, 2003 WL 23198120 at *1 (W.D. Wis. July 21, 2003). Here, defendants provided plaintiff with a summary of the denied materials along with specific images and photos that led defendants to conclude that the material contained "nudity" and was "sexually explicit." "While [plaintiff] may not be able to view the [materials] he was denied, he has sufficient information to challenge defendants' reasons for denying him the [materials]." Order Granting Defendants' Motion to File Documents Under Seal for In Camera Inspection at 4, Hughbanks, 4:10-cv-4064-KES.

Good cause appearing, it is

ORDERED that defendants' motion to file documents under seal for in camera inspection (Docket 236) is granted.