Halliday et al v. Spjute et al

Filing 499

ORDER DENYING MOTION TO PARTICIPATE IN THE CM/ECF SYSTEM 476 , signed by Magistrate Judge Erica P. Grosjean on 09/23/2019. (Gonzales, V)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHELLY J. IOANE, et al.,
Case No. 1:07-cv-00620-AWI-EPG
Plaintiffs,

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v.

ORDER DENYING MOTION TO
PARTICIPATE IN THE CM/ECF SYSTEM

JEAN NOLL, et al.,

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(ECF No. 476)

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Defendants.
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Plaintiff Michael Ioane filed an ex parte motion to participate in the electronic filing

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system referred to as CM/ECF on November 3, 2016. (ECF No. 476.) That motion is still

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outstanding. The Court will deny the motion.

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Although the motion states that it is filed on behalf of both Michael Ioane and Shelly

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Ioane, the motion was signed only by Mr. Ioane. Ms. Ioane did not sign the motion and did not

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otherwise notify the Court that she joined in the motion. Mr. Ioane, who is proceeding pro se,

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cannot represent Ms. Ioane on this motion, who, at the time was also proceeding pro se.

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See McShane v. United States, 366 F.2d 286, 288 (9th Cir. 1966) (privilege to appear without

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counsel is personal to the litigant); Russell v. United States, 308 F.2d 78, 79 (9th Cir. 1962)

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(“A litigant appearing in propria persona has no authority to represent anyone other than

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himself.”). Further, Ms. Ioane is now represented by counsel, and her counsel has access to and

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participates in the electronic filing system.
Further, although Mr. Ioane was previously granted access to the Court’s electronic filing

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system, that access was revoked upon his request that all Court communications be conducted

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via U.S. mail due to his incarceration at the Taft Correction Institution (“TCI”) and resulting

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lack of access to an adequate email service. (ECF Nos. 178, 181.) Mr. Ioane is still

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incarcerated at TCI, and was incarcerated at TCI at the time he filed his request to again

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participate in the electronic filing system. He does not indicate that he now has access to an

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adequate email service. Instead, he requests that Ms. Ioane be authorized to use the electronic

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filing system to make his filings and receive service on his behalf. (ECF No. 476.) Ms. Ioane,

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who did not sign the request and who was, at the time of the request, also proceeding pro se,

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may not represent Mr. Ioane. See McShane, 366 F.2d at 288; Russell, 308 F.2d at 79.

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IT IS ORDERED that the ex parte request by Michael Ioane to participate in the Court’s
electronic filing system (ECF No. 476) is DENIED.

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IT IS SO ORDERED.
Dated:

September 23, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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