Frances v. Accessible Space, Inc. et al

Filing 69

ORDER signed by Magistrate Judge Allison Claire on 5/22/19 DENYING without prejudice 63 plaintiff's motion to e-file and for an extension of time. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANGELICA FRANCES,

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No. 2:16-cv-01016 JAM AC (PS)

Plaintiff,
v.

ORDER

ACCESSIBLE SPACE, INC., et al.,
Defendants.

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The court is in receipt of plaintiff’s motion for an extension of time to comply with the

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court’s previous order, and to participate in electronic filing pursuant to Local Rule 133(b)(3).

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ECF No. 63. The undersigned has issued findings and recommendations that this case be

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dismissed for failure to prosecute. ECF No. 68. For the reasons stated in the findings and

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recommendations, the motion for an extension of time will be DENIED.

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As to plaintiff’s request for e-filing authorization, the motion does not provide a sufficient

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“explanation of reasons” as required by the Local Rule. Therefore, the court will DENY

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plaintiff’s e-filing request without prejudice to its renewal in proper form. Any second motion to

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e-file should include the necessary information described below.

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In general, in the Eastern District of California, unrepresented persons are required to file

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and serve paper documents unless the assigned District Judge or Magistrate Judge grants leave to

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utilize electronic filing. L.R. 133(a), (b)(2). A pro se party may bring a request to use electronic

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filing as a written motion setting out an explanation of reasons for the requested exception.

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L.R. 133(b)(3). Once plaintiff is approved to file documents electronically, the plaintiff will no

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longer receive any documents by mail and the court will not accept paper documents from

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plaintiff, meaning plaintiff can no longer mail in any filings.

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A motion to e-file must make clear whether plaintiff is familiar with the requirements

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applicable to electronic filing in this court, and whether plaintiff has access to the hardware and

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software needed for electronic filing. A motion to e-file must specify the following:
1. That plaintiff has reviewed the requirements for electronic filing1 and agrees to

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abide by them, and that she understands that once plaintiff registers for electronic

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filing, all notices and documents will be received by e-mail and not by regular

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mail;

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2. Whether plaintiff has regular access to the following technical requirements

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necessary for electronic filing: (a) a computer with internet access; (b) an e-mail

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account for receiving notifications from the electronic filing system; (c) a PACER

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(Public Access to Court Electronic Records) account; (d) a word-processing

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program; (e) PDF conversion software to convert word processing documents into

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.pdf format; and (6) a scanner for exhibits or other supporting documents that are

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only in paper format.

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Failure to address each of these items will result in denial of any second motion to e-file.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to e-file and for an

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extension of time (ECF No. 63) is DENIED without prejudice.

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DATED: May 22, 2019

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The CM/ECF User Manual is available on the court’s website at
http://www.caed.uscourts.gov/caednew/index.cfm/cmecf-e-filing/cmecf-users-manual/.
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