Swerdlow

*828 MEMORANDUM **

Plaintiff Lanny Swerdlow appeals the district court’s orders and judgment (1) dismissing Plaintiff’s Bivens action against Defendants, (2) granting Defendants qualified immunity, and (3) denying Plaintiffs motion to unseal the affidavits 1 filed in support of the search warrants.

1. The record is somewhat confusing as to the timing of Plaintiffs motion to unseal the affidavits and as to the existence of any previous motions to unseal. The court disposed of the claims arising out of the search of Plaintiff’s home and business in its order dated August 17, 2001 (“August 2001 Order”). The only issue remaining before the court thereafter was Plaintiffs allegation that Defendants had failed to timely return some of his property. In its order dated January 15, 2002 (“January 2002 Order”), pertaining to the return of property, the district court explained in a footnote:

This was the only mention in any of the various orders regarding a motion to view the affidavits. Nonetheless, the footnote suggests that a previous motion was made and resolved earlier in the litigation, presumably in the August 2001 Order. In its August 2001 Order, the district court, as explained…