Opinion
CRIMINAL 13-cr-20479
02-29-2024
United States of America, Plaintiff, v. Clarence Myron Howard, Defendant.
ORDER GRANTING THE GOVERNMENT'S MOTION TO FILE EXHIBITS UNDER SEAL [69]
Judith E. Levy United States District Judge
On February 28, 2024, the government moved to seal exhibits to its response to Defendant Clarence Myron Howard's motion for reduction of sentence, and indicated that “the exhibits contain sensitive personal information about the Defendant, specifically his medical and disciplinary records.” (ECF No. 69, PageID.416.) The government's motion is GRANTED.
IT IS HEREBY ORDERED that the United States may file the defendant's medical and disciplinary records obtained from BOP under seal. However, the United States must also file a notice explaining why the disciplinary records should be sealed. See Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299 (6th Cir. 2016); United States v. Campbell, No. 1:19-cr-25, 2021 WL 1975319, at *3 (S.D. Ohio May 18, 2021) (“Although Shane Group was a civil case, its reasoning applies in the criminal context.” (citing United States v. Sittenfeld, No. 1:20-cr-142, 2021 WL 1438300, at *6 (S.D. Ohio Apr. 15, 2021); Lewis v. Smith, No. 2:20-cv-3461, 2020 WL 6044082, at *1 (S.D. Ohio Oct. 13, 2020); Rudd Equip. Co. v. John Deere Constr. & Forestry Co., 834 F.3d 589, 593 (6th Cir. 2016))); United States v. Jefferson, No. 23-3509, 2023 U.S. App. LEXIS 32703 (6th Cir. Dec. 11, 2023); United States v. Ramadan, No. 22-1243, 2023 U.S. App. LEXIS 11513 (6th Cir. May 10, 2023). In addition, the medical and disciplinary records must each be filed in a separate docket entry.
SO ORDERED.