Civil Rights — Medicaid Recipient – Civil Practice – Mootness – Motion to Redact – Pro Se Litigant

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Peter B. v. Buscemi (Lawyers Weekly No. 002-248-14, 14 pp.) (Timothy Cain, J.) 6:10-cv-00767; D.S.C.

Holding: When the South Carolina Court of Appeals remanded plaintiff’s case the Administrative Law Court, the Department of Health and Human Services did not contest the case on the merits; as a result, plaintiff has received the relief he seeks, and this case is moot.

Defendants’ motion to dismiss is granted. Plaintiff’s motion to redact is denied. Plaintiff’s attorney and guardian ad litem are allowed to withdraw.

Plaintiff cannot avoid the mootness of his claim by declining the one-on-one services he sought and demanding personal-care attendant services.

Plaintiff moves to redact testimony and written documents provided by his mother on the ground that they contain false and misleading information. The truth or falsity of declarations is not a proper consideration in the analysis of a motion to seal. Plaintiff has not rebutted the presumption of the public’s right of access to court records.

After the court granted the motion to withdraw filed by plaintiff’s counsel and guardian ad litem, plaintiff’s mother filed several documents in an apparent attempt to represent plaintiff’s interests in this action. The court advises plaintiff’s mother that she cannot represent plaintiff in this or any future litigation.

Motions granted in part and denied in part.