In re: Martin Ware

Filing 2

ORDER Regarding Use of Electronic Submission of Prison Litigation, Directing Appearance by Supervising Deputy Attorney General, and Setting Briefing Schedule 1 , signed by Magistrate Judge Stanley A. Boone on 9/22/16.(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IN RE:

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MARTIN WARE,

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1:16-mc-00049-SAB
ORDER REGARDING USE OF ELECTRONIC
SUBMISSION OF PRISON LITIGATION,
DIRECTING APPEARANCE BY SUPERVISING
DEPUTY ATTORNEY GENERAL, AND
SETTING BRIEFING SCHEDULE
[ECF No. 1]

On September 20, 2016, the Court received a motion from the Plaintiff requesting access to the

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electronic case filing system at Kern Valley State Prison (“KVSP”) in Delano, California. Plaintiff

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specifically requests an order directing the litigation coordinator at KVSP to process his section 1983

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complaint.

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As Plaintiff is incarcerated at KVSP, he is subject to the Standing Order in Re: Procedural

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Rules for Electronic Submission of Prison Litigation Filed by Plaintiff‟s incarcerated at KVSP.

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Pursuant to the standing order, which applies to initial filings: (1) new complaints are subject to e-

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filing and they may not exceed twenty-five pages in length; and (2) motions seeking relief from the

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standing order, motions for emergency relief, or motions to increase the page limit shall be no more

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than fifteen (15) pages. As a California Department of Corrections and Rehabilitation participating

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facility, no initial documents are accepted for filing by the Clerk of Court unless done pursuant to the

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standing order or the scanning equipment is inoperable for a period longer than forty-eight (48) hours.

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Inasmuch as this case has not yet been opened, the Court will request the Supervising Deputy

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Attorney General in charge of the e-service program, Monica Anderson, to address Plaintiff‟s

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contention that he is not allowed to utilize the e-filing system at KVSP. After briefing is submitted,
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the Court will review any documentation and issue a corresponding order and/or set a telephonic

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hearing, if necessary and only if Plaintiff has properly responded within the specified time period.

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Accordingly, it is HEREBY ORDERED that:

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1.

The Clerk of Court is directed to serve a copy of inmate Martin Ware‟s motion and a
copy of this order on Supervising Deputy Attorney General, Monica Anderson;

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2.

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Ms. Anderson shall file a response to Mr. Ware‟s motion within fourteen (14) days
from the date of service of this order;

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3.

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Inmate Martin Ware shall file a detailed brief as to show he was denied access to the efiling system at KVSP within twenty-one (21) days from the date of service of this

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order; and

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4.

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No case as to the merits of Mr. Ware‟s claims will be opened until the issue regarding

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the use of the e-filing system is resolved unless a civil complaint is filed through the

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Court „s e-filing procedures.

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IT IS SO ORDERED.

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Dated:

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September 22, 2016
UNITED STATES MAGISTRATE JUDGE

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