White v. City and County of West Sacramento

Filing 38

ORDER signed by Magistrate Judge Allison Claire on 11/17/2021 DENYING without prejudice 37 Request to E-file. (Reader, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ROBBIE D. WHITE,

12
13
14
15
16

No. 2:20-cv-02383-MCE-AC

Plaintiff,
v.

ORDER

CITY AND COUNTY OF WEST
SACRAMENTO, et al.,
Defendants.

17
18

The court is in receipt of plaintiff’s ex parte request to participate in electronic filing

19

pursuant to Local Rule 133(b)(3). ECF No. 37. The court has reviewed the filing and DENIES

20

plaintiff’s request without prejudice because it lacks any “explanation of reasons” as required by

21

the Local Rule. Denial without prejudice means that plaintiff may bring the motion again; a

22

second motion to e-file should include the necessary information described below.

23

Although the Eastern District of California is an electronic management/filing district,

24

unrepresented persons are required to file and serve paper documents unless the assigned District

25

Judge or Magistrate Judge grants leave to utilize electronic filing. L.R. 133(a), (b)(2). When

26

plaintiff became unrepresented by the withdrawal of his attorney, access to electronic filing was

27

removed. A pro se party may bring a request to use electronic filing as a written motion setting

28

out an explanation of reasons for the requested exception. L.R. 133(b)(3). Once plaintiff is

1

approved to file documents electronically, the plaintiff will no longer receive any documents by

2

mail and the court will not accept paper documents from plaintiff, meaning plaintiff can no longer

3

mail in any filings.

4

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

5

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

6

software needed for electronic filing. Plaintiff will be given an opportunity to file a renewed

7

motion to e-file, and that request must specify the following:
1. That plaintiff has reviewed the requirements for electronic filing1 and agrees to

8
9

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

10

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

11

mail;

12

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

13

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

14

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

15

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

16

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

17

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

18

only in paper format.

19

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

20

Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to e-file (ECF No. 37) is

21

DENIED without prejudice.

22

DATED: November 17, 2021

23
24
25
26
27
28

1

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/.
2