Wichelman v. Social Security Administration

Filing 28

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/28/16 ORDERING that plaintiff's 24 request to file electronically is DENIED. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KARL WICHELMAN,

12
13
14
15
16

No. 2:16-cv-1123-KJM-EFB PS

Plaintiff,
v.

ORDER

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

17
18

Plaintiff, who is proceeding pro se, requests permission to file documents electronically in

19

this action. ECF No. 24. The Local Rules provide that “[a]ny person appearing pro se may not

20

utilize electronic filing except with the permission of the assigned Judge or Magistrate Judge.”

21

E.D. Cal. L.R. 133(b)(2). “Requests to use paper or electronic filing as exceptions from these

22

Rules shall be submitted as stipulations as provided in L.R. 143 or, if a stipulation cannot be had,

23

as written motions setting out an explanation of reasons for the exception. Points and authorities

24

are not required, and no argument or hearing will normally be held.” E.D. Cal. L.R. 133(b)(3).

25

Plaintiff asserts that he should be permitted to file documents electronically because

26

requiring him to mail documents places him at a considerable disadvantage. ECF No. 24 at 1. He

27

explains that without permission to file documents electronically, he will have to pay to mail

28

documents to the court and also pay someone to serve documents on defendant.
1

1

Plaintiff’s request does not indicate whether a stipulation to file electronically could be

2

had, nor does he demonstrate that he will suffer any prejudice by having to file paper documents

3

with the clerk’s office. The cost of mailing documents is minimal and does not provide a basis

4

for granting the requested relief. Further, defendant will automatically receive service of all

5

documents plaintiff files with the court through the court’s case management and electronic case

6

files system. See E.D. Cal. L.R. 133(a) and 135(a). Thus, plaintiff has not provided a sufficient

7

basis for permitting him to file electronically.

8
9

Accordingly, plaintiff’s request to file electronically (ECF No. 24) is denied.
DATED: December 28, 2016.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2