Horn v. Wal-Mart Stores, Inc. Store #1903

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/17/2016 DENYING 5 Request for Permission to Utilize Electronic Filing. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA HORN,

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No. 2:16-cv-2420-MCE-EFB PS
Plaintiff,

v.

ORDER

WAL-MART-STORES, INC. STORE
#1903,
Defendant.

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

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this action. ECF No. 5. The Local Rules provide that “[a]ny person appearing pro se may not

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

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

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

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

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

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

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resides in Penn Valley, California, which is about 75 miles away from the courthouse. ECF No. 5

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at 1. He explains that he lacks the means to travel to the court to file documents and to serve his

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motions on defendants.
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Plaintiff’s request does not indicate whether a stipulation to file electronically could be

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

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with the clerk’s office. Plaintiff may mail documents to the clerk’s office and need not travel to

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the courthouse every time he needs to file a document. Further, defendant will automatically

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receive service of all documents plaintiff files with the court through the court’s case

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management and electronic case files system. See E.D. Cal. L.R. 133(a) and 135(a). Thus,

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plaintiff has not provided a sufficient basis for permitting him to file electronically.

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Accordingly, plaintiff’s request to file electronically (ECF No. 5) is denied.

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DATED: November 17, 2016.

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