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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IN RE:

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MICHAEL FRIES,

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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]

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On August 24, 2017, the Court received a motion from the Plaintiff requesting access to the

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

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contends that his efforts to gain access to use of the electronic filing system to file his complaint have

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been denied. Plaintiff requests to be exempt from filing his complaint through use of the electronic

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filing system.

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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 Michael Fries’ request 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. Fries’ request within fourteen (14) days from
the date of service of this order;

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3.

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Inmate Michael Fries shall file a detailed brief as to show he was denied access to the

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e-filing system at CSP within twenty-one (21) days from the date of service of this

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order; and
4.

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No case as to the merits of Mr. Fries’ 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 26, 2017
UNITED STATES MAGISTRATE JUDGE

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