Patrick v. Reynaga et al

Filing 66

ORDER denying Plaintiff's requests for permission to file electronically or via email 63 signed by Magistrate Judge Jeremy D. Peterson on 6/26/2018. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS PATRICK, Plaintiff, 12 13 14 v. REYNAGA, et al., Case No. 1:16-cv-00239-LJO-JDP (PC) ORDER DENYING PLAINTIFF’S REQUEST FOR PERMISSION TO FILE ELECTRONICALLY OR VIA EMAIL (Doc. No. 63) 15 Defendants. 16 17 Plaintiff Nicholas Patrick is a former federal prisoner proceeding pro se and in forma 18 pauperis with this civil action. He seeks the court’s permission to file documents 19 (1) electronically through the electronic case management/filing (“CM/ECF”) system or (2) via 20 email with the clerk of court. The Local Rules generally require pro se parties to file and serve 21 paper documents. See E.D. Cal. Local Rule 133(a). A pro se litigant may request an exception to 22 this requirement by filing a joint stipulation or by “written motion[] setting out an explanation of 23 reasons for the exception.” E.D. Cal. Local Rule 133(b)(2), (3). No provision of the Local Rules 24 allows parties, attorneys or otherwise, to file documents via email with the clerk of court. 25 Although plaintiff has filed a “Request to participate in the CM/ECF system,” this filing 26 contains no explanation for or justification of his request for access to the electronic filing system. 27 (Doc. No. 63.) Plaintiff has not filed a stipulation of the parties agreeing to electronic filing. 28 Plaintiff also has not identified any authority supporting his request to file documents via email. 1 1 The undersigned therefore finds no basis to deviate from the default requirement that pro se 2 parties file and serve paper documents. Plaintiff’s request (Doc. No. 63) is denied, subject to 3 renewal upon a showing of sufficient reason to justify an exception under Local Rule 133(b)(2). 4 5 IT IS SO ORDERED. 6 Dated: June 29, 2018 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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