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Laporte v. Artus

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 19, 2007

HECTOR LAPORTE, PETITIONER,
v.
DALE ARTUS, SUPERINTENDENT, RESPONDENT.

ORDER

Presently before the court is a request from respondent's counsel for permission to file his response to the petition and other documents related to this action, under seal.*fn1 The Assistant Attorney General also requests that the petition and all future submissions by the parties be sealed by the court. The court has considered the request and the reasons for the request, and has no objection to counsel's application with some limitation.

The petition itself has already been filed electronically and will have to be removed from the public docket and filed under seal. The petitioner did not request that the court seal any documents that he submitted in this action. Thus, although the court will grant respondent's request, the court will afford the petitioner until May 4, 2007 to advise the court if he has any objection to filing the petition under seal.

WHEREFORE, based on this court's review of counsel's request, it is ORDERED, that respondent may file his response to the petition and all future documents submitted in this case under seal, and it is

ORDERED, that petitioner advise this court no later than May 4, 2007 if he has any objection to the court filing his petition under seal, and it is

ORDERED, that if petitioner does not respond by May 4, 2007, or petitioner responds and indicates that he has no objection to the sealing of this action, the Clerk is directed to remove the petition from the public docket and file it under seal, and it is further

ORDERED, that if petitioner files timely objections to the sealing of this action, the Clerk is directed to forward those objections, without filing, to me for further consideration of this issue.


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