Halstead v. Rustigian, et al.

Filing 33

ORDER DENYING Request for Permission to File Electronically, 32 . The Court DENIES the request, subject to renewal upon a showing of sufficient reason to justify deviating from Local Rule 133(b)(2). Order signed by Magistrate Judge Sheila K. Oberto on 5/21/2018. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES HALSTEAD,
Plaintiff,

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v.

Case No. 1:17-cv-01337-LJO-SKO
ORDER DENYING REQUEST FOR
PERMISSION TO FILE
ELECTRONICALLY
(Doc. 32)

GRACE RUSTIGIAN, et al.,
Defendants.
_____________________________________/

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On May 15, 2018, the Court received a letter from Plaintiff Charles Halstead (“Plaintiff”),

19 in which he requests that he be given permission to file electronically. (Doc. 32.) Local Rule
20 133(b)(2) provides that “[a]ny person appearing pro se may not utilize electronic filing except
21 with the permission of the assigned Judge or Magistrate Judge.” Instead, “[a]ll parties shall file
22 and serve paper documents as required by applicable Federal Rules of Civil . . . Procedure or by
23 these [Local] Rules.” E.D. Cal. Local Rule 133(b)(2). Nonetheless, a pro se party may “[r]equest
24 to use paper or electronic filing as exceptions from these Rules” if (1) they submit a stipulation
25 between the parties “as provided in [Local Rule] 143;” or (2) “if a stipulation cannot be had,” by a
26 “written motion[] setting out an explanation of reasons for the exception.” E.D. Cal. Local Rule
27 133(b)(3).
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Here, the parties have not filed a joint stipulation permitting Plaintiff to use electronic

2 filing, nor has Plaintiff filed a motion that sets forth an explanation of the reasons for the
3 exception. The Court therefore finds that it is inappropriate in this matter to deviate from the
4 Local Rule that “[a]ny person appearing pro se may not utilize electronic filing.” E.D. Cal. Local
5 Rule 133(b)(2). Accordingly, the Court DENIES the request (Doc. 32), subject to renewal upon a
6 showing of sufficient reason to justify deviating from Local Rule 133(b)(2).
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IT IS SO ORDERED.

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Dated:

May 21, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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