In re: Michael Fries

Filing 2

ORDER Regarding Request for Relief from Electronic Filing System Procedures, Directing Appearance by Supervising Deputy Attorney General, and Setting Briefing Schedule signed by Magistrate Judge Stanley A. Boone on 09/26/2017. Fourteen Day Deadline. (Attachments: # 1 Motion for Relief)(Flores, E)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 IN RE: 9 10 MICHAEL FRIES, 11 12 13 ) ) ) ) ) ) ) ) ) ) 1:17-mc-00064-SAB ORDER REGARDING REQUEST FOR RELIEF FROM ELECTRONIC FILING SYSTEM PROCEDURES, DIRECTING APPEARANCE BY SUPERVISING DEPUTY ATTORNEY GENERAL, AND SETTING BRIEFING SCHEDULE [ECF No. 1] 14 On August 24, 2017, the Court received a motion from the Plaintiff requesting access to the 15 electronic case filing system Kern Valley State Prison (“KVSP”) in Delano, California. Plaintiff 16 contends that his efforts to gain access to use of the electronic filing system to file his complaint have 17 been denied. Plaintiff requests to be exempt from filing his complaint through use of the electronic 18 filing system. 19 As Plaintiff is incarcerated at KVSP, he is subject to the Standing Order in Re: Procedural 20 Rules for Electronic Submission of Prison Litigation Filed by Plaintiff’s incarcerated at KVSP. 21 Pursuant to the standing order, which applies to initial filings: (1) new complaints are subject to e- 22 filing and they may not exceed twenty-five pages in length; and (2) motions seeking relief from the 23 standing order, motions for emergency relief, or motions to increase the page limit shall be no more 24 than fifteen (15) pages. As a California Department of Corrections and Rehabilitation participating 25 facility, no initial documents are accepted for filing by the Clerk of Court unless done pursuant to the 26 standing order or the scanning equipment is inoperable for a period longer than forty-eight (48) hours. 27 Inasmuch as this case has not yet been opened, the Court will request the Supervising Deputy 28 Attorney General in charge of the e-service program, Monica Anderson, to address Plaintiff’s 1 1 contention that he is not allowed to utilize the e-filing system at KVSP. After briefing is submitted, 2 the Court will review any documentation and issue a corresponding order and/or set a telephonic 3 hearing, if necessary and only if Plaintiff has properly responded within the specified time period. 4 Accordingly, it is HEREBY ORDERED that: 5 1. The Clerk of Court is directed to serve a copy of inmate Michael Fries’ request and a copy of this order on Supervising Deputy Attorney General, Monica Anderson; 6 2. 7 Ms. Anderson shall file a response to Mr. Fries’ request within fourteen (14) days from the date of service of this order; 8 3. 9 Inmate Michael Fries shall file a detailed brief as to show he was denied access to the 10 e-filing system at CSP within twenty-one (21) days from the date of service of this 11 order; and 4. 12 No case as to the merits of Mr. Fries’ claims will be opened until the issue regarding 13 the use of the e-filing system is resolved, unless a civil complaint is filed through the 14 Court’s e-filing procedures. 15 16 IT IS SO ORDERED. 17 Dated: 18 September 26, 2017 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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