Negrete Vargas v. Wolf ( 2019 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 GRISELDA NEGRETE VARGAS, Case No. 2:19-cv-02135-KJD-DJA 6 Petitioner, ORDER 7 v. 8 CHAD WOLF, Acting Secretary of the U.S. Department of Homeland Security, et al., 9 Respondents. 10 11 Petitioner Griselda Negrete Vargas has filed a Petition for Writ of Habeas Corpus (ECF 12 No. 1) pursuant to 28 U.S.C. § 2241. Upon review of the docket, the Court finds that the exhibits 13 submitted with the Petition violate the requirement set forth in the Local Rules of Practice that 14 exhibits or attachments “be attached as separate files.” LR IC 2-2(a)(3)(A); see also LR IA 10-3. 15 Electronic filers are prohibited from combining a motion, memorandum of points and authorities, 16 declaration, and/or exhibits into one Portable Document Format (PDF) document and then filing 17 that single PDF as the “main document” in CM/ECF’s document upload screen. Id. (exhibits 18 “must not be filed as part of the base document in the electronic filing system”). Improperly filed 19 documents makes it impossible for the Court to seal or unseal specific documents as needed 20 because the docketing clerks cannot separate the pages for sealing purposes. See LR IA 10-5(b). 21 Instead, the Local Rules require litigants to save each document or exhibit as a separate PDF 22 document and then file each PDF in CM/ECF’s document upload screen as “attachments” to a 23 main document. 24 Counsel are responsible for informing themselves and instructing their staff regarding the 25 correct electronic filing procedures.1 Failure to follow the Local Rules of Practice and proper 26 27 1 The parties are encouraged to contact the CM/ECF Helpdesk at (702) 464-5555 prior to filing should they have any technical questions. For additional direction, the parties may also refer to the updated procedures 28 in CM/ECF Version 4.0 Enhancements and Changes, which is available on the court’s website. 1 |} CM/ECF filing procedures will delay and complicate the Court’s review of the docket. The Court 2 || may strike from the record any prospective filings that fail to comply with the Local Rules. Ready 3 || Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010) (district courts have the inherent 4 || power to strike an improperly filed document) (quotation omitted). 5 IT IS THEREFORE ORDERED that Petitioner Griselda Negrete Vargas must REFILE 6 || the exhibits attached to the Petition CECF No. 1) to comply with the Local Rules of Practice and 7 || the Court’s CM/ECF filing procedures. 8 DATED this’ day of December 2019. 10 aN KENT J. DAWSON 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28