Halliday v. Spjute ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHELLY J. IOANE, et al., Case No. 1:07-cv-00620-AWI-EPG 12 Plaintiffs, 13 v. ORDER DENYING MOTION TO PARTICIPATE IN THE CM/ECF SYSTEM 14 JEAN NOLL, et al., (ECF No. 476) 15 Defendants. 16 17 18 Plaintiff Michael Ioane filed an ex parte motion to participate in the electronic filing 19 system referred to as CM/ECF on November 3, 2016. (ECF No. 476.) That motion is still 20 outstanding. The Court will deny the motion. 21 Although the motion states that it is filed on behalf of both Michael Ioane and Shelly 22 Ioane, the motion was signed only by Mr. Ioane. Ms. Ioane did not sign the motion and did not 23 otherwise notify the Court that she joined in the motion. Mr. Ioane, who is proceeding pro se, 24 cannot represent Ms. Ioane on this motion, who, at the time was also proceeding pro se. 25 See McShane v. United States, 366 F.2d 286, 288 (9th Cir. 1966) (privilege to appear without 26 counsel is personal to the litigant); Russell v. United States, 308 F.2d 78, 79 (9th Cir. 1962) 27 (“A litigant appearing in propria persona has no authority to represent anyone other than 1 | participates in the electronic filing system. 2 Further, although Mr. Ioane was previously granted access to the Court’s electronic filing 3 | system, that access was revoked upon his request that all Court communications be conducted via U.S. mail due to his incarceration at the Taft Correction Institution (“TCT”) and resulting 5 | lack of access to an adequate email service. (ECF Nos. 178, 181.) Mr. Ioane is still 6 | incarcerated at TCI, and was incarcerated at TCI at the time he filed his request to again 7 | participate in the electronic filing system. He does not indicate that he now has access to an 8 | adequate email service. Instead, he requests that Ms. Ioane be authorized to use the electronic 9 | filing system to make his filings and receive service on his behalf. (ECF No. 476.) Ms. Ioane, 10 | who did not sign the request and who was, at the time of the request, also proceeding pro se, 11 | may not represent Mr. Ioane. See McShane, 366 F.2d at 288; Russell, 308 F.2d at 79. 12 IT IS ORDERED that the ex parte request by Michael Ioane to participate in the Court’s 13 | electronic filing system (ECF No. 476) is DENIED. 14 15 T IS SO ORDERED. 16] Dated: _ September 23, 2019 [sf Sy — 7 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28