Senator v. Macomber ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRUCE RICHARD SENATOR, Case No. 1:24-cv-00439-SAB 12 Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S 13 v. MOTION TO ELECTRONICALLY FILE DOCUMENTS AND APPEAR REMOTELY 14 JEFF MACOMBER, et al., UNLESS PERSONAL APPEARANCE IS REQUIRED 15 Defendants. (ECF No. 4) 16 17 Plaintiff Bruce Richard Senator (“Plaintiff”), proceeding pro se and in forma pauperis, 18 filed a civil rights action on April 12, 2024. Plaintiff concurrently filed a motion to file and serve 19 electronically via CM/ECF and to appear remotely at hearings unless physical appearance is 20 required. (ECF No. 4.) 21 Pursuant to the Local Rules, a pro se party must file and serve paper documents. L.R. 22 133(a). Persons appearing pro se are specifically prohibited from utilizing electronic filing 23 “except with the permission of the assigned Judge or Magistrate Judge.” L.R. 133(b)(2). A pro 24 se party may request an exception to the paper filing requirement from the Court by filing a 25 stipulation of the parties, or “if a stipulation cannot be had, [a] written motion[] setting out an 26 explanation of reasons for the exception.” L.R. 133(b)(3). A motion requesting electronic filing 27 by a person appearing pro se must set out an explanation of reasons for the exception. L.R. 133(b)(3). It is within the Court's discretion to grant or deny such a request. Reddy v. Precyse 1 | Solutions LLC, 1:12-CV—2061 AWI SAB, 2013 WL 2603413, at *3 (E.D. Cal. June 11, 2013). 2 Plaintiff requests permission to file electronically via CM/ECF because “the cost of paper 3 | filings and service (printing, envelopes, postage) is substantial” given Plaintiff's fixed income. 4 | (ECF No. 4) Plaintiff states he “already has a PACER account and can log in to CM/ECF.” (Id.) 5 | Upon review of the pleadings in this action and the instant request, the Court finds that Plaintiffs 6 | request does not currently warrant an exception to the Local Rule. Accordingly, Plaintiff's 7 | request for permission to use the electronic case filing system shall be denied without prejudice. 8 Plaintiff also requests permission to appear at hearings remotely unless physical 9 | appearance is required. (ECF No. 4.) The Court’s current practice is to allow parties to appear 10 | either in person or via video for various hearings, including scheduling conferences, civil 11 | motions, and informal discovery disputes. The video, however, requires a strong internet 12 | connection and must appear in the video (camera must be on), be appropriately attired for court 13 | and have an appropriate background. The Court will specify when it requires personal 14 | appearance by the parties. Accordingly, the Court grants Plaintiffs request for permission to 15 | appear remotely unless personal appearance is required. 16 Accordingly, IT IS HEREBY ORDERED that: 17 1. Plaintiff's motion for permission to utilize electronic filing (ECF No. 4) is 18 DENIED without prejudice; and 19 2. Plaintiff's request to appear remotely unless personal appearance is required (ECF 20 No. 4) is GRANTED. 21 22 73 IT IS SO ORDERED. DAM Le 24 | Dated: September 3, 2024 _ ef 05 UNITED STATES MAGISTRATE JUDGE 26 27 28