Stroud v. Gore et al

Filing 84

ORDER Conditionally Granting 81 Plaintiff's Motion to File Documents Electronically. Plaintiff SHALL REGISTER as a user with the Clerk's Office and as a subscriber per section 2(b) of the ECF Manual and SHALL FILE, within fourteen (14) da ys of the date on which this Order is electronically docketed, confirmation of his access to equipment meeting the technical specifications required for CM/ECF access and his agreement to abide by the ECF Manual. Should Plaintiff fail to confirm his access to the necessary equipment in accordance with this Order, the Court may revoke Plaintiff's electronic filing privileges. Signed by Judge Janis L. Sammartino on 4/7/2021. (All non-registered users served via U.S. Mail Service) (tcf)

Case 3:18-cv-00515-JLS-MDD Document 84 Filed 04/07/21 PageID.515 Page 1 of 2

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

SOUTHERN DISTRICT OF CALIFORNIA

9
10

WILLARD RICHARD STROUD, JR.,

Case No.: 18-CV-515-JLS (MDD)

Plaintiff,

11
12
13

ORDER CONDITIONALLY
GRANTING PLAINTIFF’S
MOTION TO FILE DOCUMENTS
ELECTRONICALLY

v.
SHERIFF WILLIAM D. GORE, et al.,

14

Defendants.

(ECF No. 81)

15
16
17
18

Presently before the Court is pro se Plaintiff Willard Richard Stroud, Jr.’s

19

Declaration (ECF No. 81), which the Court construes as a motion seeking leave to access

20

CM/ECF and file documents electronically.

21

Generally, “[e]xcept as prescribed by local rule, order, or other procedure, the Court

22

has designated all cases to be assigned to the Electronic Filing System.” S.D. Cal. CivLR

23

5.4(a). With respect to pro se litigants, however, “[u]nless otherwise authorized by the

24

court, all documents submitted for filing to the Clerk’s Office . . . must be in legible, paper

25

form.” Office of the Clerk, United States District Court for the Southern District of

26

California, Electronic Case Filing Administrative Policies and Procedures Manual, § 2(b)

27

(Mar. 3, 2021) [hereinafter “ECF Manual”], available at https://www.casd.uscourts.gov/

28

_assets/pdf/cmecf/Electronic%20Case%20Filing%20Procedures%20Manual.pdf. “A pro
1
18-CV-515-JLS (MDD)

Case 3:18-cv-00515-JLS-MDD Document 84 Filed 04/07/21 PageID.516 Page 2 of 2

1

se party seeking leave to electronically file documents must file a motion and demonstrate

2

the means to do so properly by stating their equipment and software capabilities in addition

3

to agreeing to follow all rules and policies in the CM/ECF Administrative Policies and

4

Procedures Manual.” Id. The ECF Manual refers to the Court’s official website for

5

CM/ECF technical specifications, id. at § 1(i), which include a “[c]omputer running

6

Windows or Macintosh”; “[s]oftware to convert documents from a word processor format

7

to portable document format (PDF),” such as “Adobe Acrobat 7.0 and higher”; “[i]nternet

8

access supporting a transfer rate of 56kb or higher”; a compatible browser, such as “Firefox

9

15, Internet Explorer 9, and Safari 5.1/6 or later version”; a “[s]canner to image non-

10

computerized documents 400 pixels per inch (ppi)”; and a PACER account. United States

11

District Court, Southern District of California, CM/ECF Information: General Info,

12

https://www.casd.uscourts.gov/cmecf.aspx#undefined1 (last visited Mar. 5, 2021).

13

Here, Plaintiff has provided no information about his access to technology

14

conforming to the CM/ECF technical specifications noted above; however, the Court is

15

also mindful of the difficulties noted by Plaintiff as a result of not being able to

16

electronically file in this matter, particularly in light of the restrictions the COVID-19

17

pandemic has necessitated on library access. Accordingly, the Court CONDITIONALLY

18

GRANTS Plaintiff’s Motion (ECF No. 81). Plaintiff SHALL REGISTER as a user with

19

the Clerk’s Office and as a subscriber per section 2(b) of the ECF Manual and SHALL

20

FILE, within fourteen (14) days of the date on which this Order is electronically docketed,

21

confirmation of his access to equipment meeting the technical specifications required for

22

CM/ECF access and his agreement to abide by the ECF Manual. Should Plaintiff fail to

23

confirm his access to the necessary equipment in accordance with this Order, the Court

24

may revoke Plaintiff’s electronic filing privileges.

25
26

IT IS SO ORDERED.
Dated: April 7, 2021

27
28
2
18-CV-515-JLS (MDD)