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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?