Frederick Banks appeals the District Court's order denying his motion to unseal records in his criminal case. For the reasons below, we will summarily affirm the District Court's order.
In four criminal cases, including one ongoing criminal proceeding, Banks filed a document titled "Petition to Make U.S. Probation Office Records Public and to Unseal all Sealed Documents including Mental Evaluations and FISA Materials (to disclose) 50 USC § 1806(f)." In the order appealed here, the District Court denied the motion only with respect to Crim. No. 03-245. It noted that there were no sealed mental health evaluations or FISA [Foreign Intelligence Surveillance Act, 50 U.S.C. § 1801
The District Court did not err in denying Banks's motion. The criminal proceedings below were completed years ago, and Banks has finished serving his sentence. Banks has not shown that he has standing to seek the unsealing of any documents in the District Court record, i.e., that he has suffered a specific, concrete injury as a result of the sealing and that unsealing the documents would redress that injury.
Banks argued that he has standing because he participates in debates about the scope of law enforcement and the Probation Office's records would provide insight into its activities. Banks asserted that the Probation Office is involved in a scheme with the CIA to use "Voice to Skull" technology to transmit messages directly into one's brain. However, he admits that he has no evidence of this. We have previously described similar allegations by Banks as "delusional and irrational."
Moreover, Banks has not shown that there are any mental health evaluations or FISA warrant materials to be unsealed. Banks did not point to any evidence used against him at trial which might have been obtained pursuant to the FISA.
Summary action is appropriate if there is no substantial question presented in the appeal.