Hammler v. Gooch et al
Filing
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ORDER REGARDING Use of Electronic Filing System, DIRECTING Appearance by Supervising Deputy Attorney General, and Setting Briefing Schedule signed by Magistrate Judge Stanley A. Boone on 4/16/2019. (Sant Agata, S)
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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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ALLEN HAMMLER,
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1:19-mc-00026-SAB
ORDER REGARDING USE OF ELECTRONIC
FILING SYSTEM, DIRECTING APPEARANCE
BY SUPERVISING DEPUTY ATTORNEY
GENERAL, AND SETTING BRIEFING
SCHEDULE
[ECF No. 1]
On April 15, 2019, the Court received a notice from the Plaintiff requesting access to the
electronic case filing system at California State Prison, Corcoran (“CSP-COR”).
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Plaintiff contends that he has been engaged in conflict with prisons officials and [he is] unable
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to access the library” because he has been “illegally placed on restriction from library” and cannot use
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the electronic filing system. (ECF No. 2 at 1.) Plaintiff requests to be exempt from filing his
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complaint through use of the electronic filing system.
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As Plaintiff is incarcerated at CSP-COR, 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 CSP-COR.
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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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The Court notes that Plaintiff has previously filed a request to be exempt from electronic filing
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in 1:19-mc-00019 SAB, In re Allen Hammler, in which the undersigned directed the complaint to be
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filed by the Litigation Coordinator at CSP-COR but did not make any finding on Plaintiff’s
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allegations.
Inasmuch as this is Plaintiff’s second request and the case has not yet been opened, the Court
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will request the Supervising Deputy Attorney General in charge of the e-service program, Christopher
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Becker, to address Plaintiff’s contention that he is not allowed to utilize the e-filing system at CSP-
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COR. After briefing is submitted, the Court will review any documentation and issue a corresponding
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order and/or set a telephonic hearing, if necessary and only if Plaintiff has properly responded within
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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 Allen Hammler’s declaration
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(ECF No. 1) and a copy of this order on Supervising Deputy Attorney General,
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Christopher Becker, at Christopher.Becker@doj.ca.gov;
2.
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Mr. Becker shall file a response to Mr. Hammler’s declaration within fourteen (14)
days from the date of service of this order;
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3.
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Inmate Allen Hammler shall file a detailed brief demonstrating how he was denied
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access to the e-filing system at CSP-COR within twenty-one (21) days from the date of
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service of this order; and
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No case as to the merits of Mr. Hammler’s claims will be opened until the issue
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regarding the use of the e-filing system is resolved unless a civil complaint is filed
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through the Court’s e-filing procedures.
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IT IS SO ORDERED.
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Dated:
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April 16, 2019
UNITED STATES MAGISTRATE JUDGE
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