Opinion

Houston v. United States

Court
District Court, E.D. Tennessee
Filed
Jul 27, 2020
Cited by
0 cases
Authority
More cited than 29.6%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT KNOXVILLE

CLIFFORD LEON HOUSTON, )

) Case Nos. 3:13-cr-10; 3:17-cv-538

Petitioner, )

) Judge Travis R. McDonough

v. )

)

UNITED STATES OF AMERICA, )

)

Respondent. )

MEMORANDUM AND ORDER

Petitioner Clifford Leon Houston, pro se, has submitted, according to his own

description, “extremely graphic” photographs in conjunction with a “motion for full discovery.”

(Doc. 15 in Case No. 3:17-cv-538.) Petitioner’s theory is that, in a 1993 federal civil rights trial,

Chief Judge Pamela L. Reeves (then a practicing attorney) manufactured and entered into

evidence “a large fresh green bag of marijuana,” thereby engaging in a criminal conspiracy that

somehow led to the deaths of the two decedents depicted in the photographs. (See generally id.)

Under Local Rule 26.2, “[e]xcept as otherwise provided by statute, rule, or order, all

pleadings and other papers of any nature filed with the Court (“Court Records”) shall become a

part of the public record of this Court.” E.D. Tenn. L.R. 26.2(a). Nevertheless, the contents of a

filing may intersect with other important interests that can overcome the presumption of

openness in court filings. These interests include: 1) a defendant’s right to a fair trial, 2) trade

secrets, 3) national security, and 4) certain privacy rights of participants and third parties. Brown

& Williamson Tobacco Corp. v. FTC, 710 F.2d 1165, 1179 (6th Cir. 1983)).

Here, Houston has filed “extremely graphic” photos portraying deceased individuals.

Even according to his own theory, the fact of the two deaths is what is important, not anything

depicted in the photographs. The details depicted in the photographs bear no relevance to the

motion, and there is no reason to invade the privacy interest of the families of the decedents.

Accordingly, the Court orders that the photos contained in Document 15-1 be SEALED.

IT IS SO ORDERED.

/s/ Travis R. McDonough

TRAVIS R. MCDONOUGH

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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