Xie v. De Young Properties, 5867 LP

Filing 28

ORDER DENYING 27 Second Motion for Permission for Electronic Case Filing. Order signed by Magistrate Judge Sheila K. Oberto on 4/25/2017. (Timken, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 Case No. 1:16-cv-01518-DAD-SKO AGNES XIE, Plaintiff, v. ORDER DENYING SECOND MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING (Doc. 27) DE YOUNG PROPERTIES, 5867 LP, et al., 13 14 Defendants. _____________________________________/ 15 16 17 Before the Court is Plaintiff’s Second Motion for Permission for Electronic Case Filing (the “Motion”). (Doc. 27.) Local Rule 133(b)(2) provides that “[a]ny person appearing pro se 18 may not utilize electronic filing except with the permission of the assigned Judge or Magistrate 19 20 21 22 23 24 Judge.” Instead, “[a]ll parties shall file and serve paper documents as required by applicable Federal Rules of Civil . . . Procedure or by these [Local] Rules.” E.D. Cal. Local Rule 133(b)(2). Nonetheless, a pro se party may “[r]equest to use paper or electronic filing as exceptions from these Rules” if (1) they submit a stipulation between the parties “as provided in [Local Rule] 143;” or (2) “if a stipulation cannot be had,” by a “written motion[] setting out an explanation of reasons for the exception.” E.D. Cal. Local Rule 133(b)(3). 25 In this case, the parties have not filed a joint stipulation permitting Plaintiff to use 26 electronic filing. Instead, Plaintiff included a request to use electronic filing and an explanation of 27 the basis for this request in the Motion. (See Doc. 27 at 1–3.) The Court finds that the explanation 28 1 provided by Plaintiff in the Motion, (see id.), is insufficient to deviate from the default rule that 2 “[a]ny person appearing pro se may not utilize electronic filing.” E.D. Cal. Local Rule 133(b)(2). 3 Accordingly, the Court DENIES the Motion. (Doc. 27.) 4 5 IT IS SO ORDERED. 6 Dated: 7 April 25, 2017 /s/ Sheila K. Oberto 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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