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Frisbie v. Portfolio Recovery Assoc., LLC

United States District Court, Ninth Circuit

September 23, 2013

SUSAN FRISBIE, Plaintiff,
v.
PORTFOLIO RECOVERY ASSOC., LLC, Defendant.

ORDER

EDMUND F. BRENNAN, Magistrate Judge.

On September 13, 2013, plaintiff submitted a request to file under seal her application to proceed in forma pauperis. See E.D. Cal. Local Rule 141.[1] In support of her request, she cites to a statutory right of privacy as well as the Fourth Amendment.

There is a presumptive right of public access to court records. Before the court can deny access to judicial records and proceedings that are presumptively open, the party seeking the sealing order must show, and the court must find, that there is a compelling interest that justifies sealing. Plaintiff has failed to carry her heavy burden. Local Rule 140 already provides protection for sensitive personal information and directs the parties, including plaintiff, to redact from filings any mention of specific financial accounts, social security numbers or dates of birth.

Accordingly, plaintiff's request to seal (ECF No. 2) is denied. The Clerk is directed to return plaintiff's application to proceed in forma pauperis and affidavit in support. See E.D. Cal. Local Rule 141(e)(1).

Within thirty (30) days, plaintiff shall re-file an application to proceed in forma pauperis or pay the appropriate filing fee. Failure to comply may result in dismissal of this action. The Clerk is directed to mail to plaintiff a blank ifp application.


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