FILED
in the Middle District of
North Carolina
May 21,
August 12,2020
2020
1:44 pm
2:29 pm
Clerk, US District Court
By: __________
KM
JSB
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
INRE: )
)
SEALING OF MEDICAL RECORDS ) STANDING ORDER 17
RELATED TO COMPASSIONATE )
RELEASE MOTIONS )
In consideration of the presence of the COVID-19 virus within the federal prison
system, the Court establishes the following procedures for the handling of medical records
filed in support of or opposition to a motion for compassionate release under the First Step
Act as codified in 18 U.S.C. § 3582(c)(l)(A).
The court finds as follows: Medical records contain information that is ordinarily
confidential and private, not subject to public disclosure, and protected by federal and state
laws. Movants for compassionate release are often appearingpro se and are untrained in
the law. They frequently file medical records in support of their request, even though often
only some of the records are relevant to the motion, and the Government often will file
medical records in response to such motions. Medical records almost always contain
personal identifiers, such as dates of birth and social security numbers, as well as
information about unrelated medical and personal issues that is confidential and protected
from disclosure. Pro se litigants are unschooled in technical requirements for motions to
seal. Thus, the filing of medical records under seal, subject to further review, will
appropriately protect the privacy rights and personal information of the movants while the
motion remains pending before the court.
IT IS THEREFORE ORDERED as follows :
1. Medical records filed in support of or m opposition to a motion for
compassionate release be filed under seal in their entirety, subject to review and possible
order of the presiding judge to subsequently file a redacted public version of the medical
records.
2. Medical records related to a compassionate release motion submitted to the
Clerk's Office by a pro se filer shall be docketed as a sealed record regardless of whether
such document is marked as sealed.
3. The Clerk's Office shall provide electronic access in CM/ECF to records
sealed pursuant to this standing order to the Federal Public Defender, the U.S. Attorney
and any other counsel of record.
4. The Probation Office 1s authorized to disclose to the Federal Public
Defender, U.S. Attorney and any other counsel of record the presentence investigation
reports, statements of reasons, judgments, and any material it might have related to the
inmate's medical condition, prognosis or treatment, as well as any factor relevant to the
pending motion for compassionate release. Such material shall be used only for the
purposes of determining eligibility for compassionate release and a possible release plan,
and not for any other purpose.
This the 12th
~day of August, 2020.
j{J i);tz·~vt,\__ ~. &~ 4 '\r,
Thomas D. Schroeder, Chief Judge William L. Osteen, Jr., Judge U'
United States District Court United States District Court
2
· Catherine C. Eagles, Ju e
United States District Cou
.b-
. Carlton Tilley, Jr., Senior dge
United States District Comt
3
