Driver v. The Special Master et al

Filing 2

ORDER signed by Magistrate Judge Stanley A. Boone on 1/5/2017 regarding use of Electronic Submission of Prison Litigation, directing appearance by supervising deputy attorney general and setting briefing schedule re 1 . (Lundstrom, T)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8

IN RE:

9
10

BILLY DRIVER,

11
12
13
14

)
)
)
)
)
)
)
)
)
)

1:17-mc-00001-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 January 3, 2017, the Court received a notice from the Plaintiff requesting access to the

15

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

16

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

17

complaint.

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

contention that he is not allowed to utilize the e-filing system at KVSP. After briefing is submitted,
1

1

the Court will review any documentation and issue a corresponding order and/or set a telephonic

2

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

3

Accordingly, it is HEREBY ORDERED that:

4

1.

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

5
2.

6

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

7
3.

8

Inmate Billy Driver 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

9

order; and

10
4.

11

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

12

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

13

Court’s e-filing procedures.

14
15

IT IS SO ORDERED.

16

Dated:

17

January 5, 2017
UNITED STATES MAGISTRATE JUDGE

18
19
20
21
22
23
24
25
26
27
28
2