Chavez v. Wylie

Background

Juan Pablo Chavez sent a letter dated November 18, 2019. The court said the letter appeared to contain Chavez’s objections to Magistrate Judge Gorenstein’s Report and Recommendation. The letter also appeared to request that it be filed under seal, meaning that it would not be publicly available on the court’s electronic docket.

Sealing Request

The court stated that it could not discern a basis for sealing the letter in its entirety. Citing the Second Circuit’s standard, the court explained that sealing requires specific findings that it is necessary to protect higher values and that the sealing order is narrowly tailored to that purpose.

Ruling and Filing Instructions

The court denied Chavez’s request to file the November 18 letter under seal. The order also advised that any future request to seal or redact a filing must comply with Paragraph 5(A) of Judge Abrams’s Individual Rules and Practices in Civil Cases. The requesting party must submit a letter explaining the reasons for the request, a complete highlighted copy showing the proposed redactions, and a separate set containing only the pages on which redactions are sought. The court will review the proposed redactions individually. The clerk was directed to mail Chavez a copy of the order. The order does not state that the court ruled on the substance of Chavez’s apparent objections to the Report and Recommendation.