Esposito v. Columbia Community Association et al

Filing 9

ORDER by Judge Laurel Beeler denying 7 Motion for Permission for Electronic Case Filing. (lblc1S, COURT STAFF) (Filed on 3/28/2016)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division United States District Court Northern District of California 11 CARL ESPOSITO, 12 Case No.16-cv-01241-LB Plaintiff, 13 v. 14 COLUMBIA COMMUNITY ASSOCIATION, et al., 15 ORDER DENYING PERMISSION FOR ELECTRONIC CASE FILING BY AGENT Re: ECF No. 7 Defendants. 16 17 Joshua Laine seeks permission to use the court’s Electronic Case Filing (“ECF”) system on 18 behalf of the plaintiff Carl Esposito, a pro se litigant.1 Mr. Laine says that he is Mr. Esposito’s 19 agent, but the court is unclear on the relationship between Mr. Laine and Mr. Esposito. While 20 attorneys uniformly have access to the necessary resources to utilize ECF, pro se litigants are 21 screened on a case-by-case basis because of their diverse backgrounds and skills.2 Mr. Laine is 22 not, to the court’s knowledge, an attorney; even if he were, he is not representing Mr. Esposito on 23 the record. A person may not appear pro se on behalf of another person.3 Civil Local Rule 5-1(b) allows a pro se party to move the court to become a registered user of 24 25 26 27 28 1 Motion ‒ ECF No. 7 at 1. Record citations refer to material in the Electronic Case File (“ECF”); pinpoint citations are to the ECF-generated page numbers at the tops of documents. 2 Greenspan v. Admin. Office of the U.S. Cts., No. 14-cv-02396-JTM, 2014 WL 6847460, at *7 (N.D. Cal Dec. 4, 2014). 3 Pridgen v. Andresen, 113 F.3d 391, 393 (2nd Cir. 1997). ORDER (No. 16-cv-01241-LB) 1 the court’s ECF system. Once registered, an ECF user may authorize another to electronically file 2 documents using his or her user ID and password. L.R. 5-1(c)(4). Mr. Laine must therefore first 3 move the court for access to ECF. He may then grant Mr. Laine access to his ECF account, if he 4 so chooses. 5 Accordingly, Mr. Laine’s motion for permission to access the ECF system is denied without 6 prejudice. Mr. Esposito must follow court procedures for obtaining permission to access ECF as a 7 pro se litigant, if he still wishes to do so. Mr. Esposito is also advised that if he authorizes Mr. 8 Laine as a user on his ECF account, he retains full responsibility for any document filed by Mr. 9 Laine. See L.R. 5-1(c)(4). IT IS SO ORDERED. 11 United States District Court Northern District of California 10 Dated: March 28, 2016 ______________________________________ LAUREL BEELER United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER (No. 16-cv-01241-LB) 2

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