Filed: Aug. 26, 2019
Latest Update: Aug. 26, 2019
Summary: ORDER DENYING PLAINTIFF'S MOTION FOR RELIEF FROM THE ELECTRONIC FILING PROCEDURES [ECF No. 1] STANLEY A. BOONE , Magistrate Judge . On August 5, 2019, the Court received a notice from the Plaintiff requesting access to the electronic case filing system at the California Correctional Institution ("CCI") in Tehachapi. On August 14, 2019, the Court served a copy of Mr. Saddozai's documentation on Supervising Deputy Attorney General Christopher Becker and directed Mr. Becker to file a response
Summary: ORDER DENYING PLAINTIFF'S MOTION FOR RELIEF FROM THE ELECTRONIC FILING PROCEDURES [ECF No. 1] STANLEY A. BOONE , Magistrate Judge . On August 5, 2019, the Court received a notice from the Plaintiff requesting access to the electronic case filing system at the California Correctional Institution ("CCI") in Tehachapi. On August 14, 2019, the Court served a copy of Mr. Saddozai's documentation on Supervising Deputy Attorney General Christopher Becker and directed Mr. Becker to file a response ..
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ORDER DENYING PLAINTIFF'S MOTION FOR RELIEF FROM THE ELECTRONIC FILING PROCEDURES [ECF No. 1]
STANLEY A. BOONE, Magistrate Judge.
On August 5, 2019, the Court received a notice from the Plaintiff requesting access to the electronic case filing system at the California Correctional Institution ("CCI") in Tehachapi.
On August 14, 2019, the Court served a copy of Mr. Saddozai's documentation on Supervising Deputy Attorney General Christopher Becker and directed Mr. Becker to file a response to within seven days.
On August 21, 2019, Deputy Attorney General, Joanna Hood, submitted the declaration of Litigation Coordinator at CCI, M. Dailo, who declares, in pertinent part, as follows:
At the request of the [Office of the Attorney General], I met with inmate Saddozai on August 16, 2019. At that time, I gave inmate Saddozai a copy of his notice and all of the attached proposed filings (ECF No. 1), as well as the Court's order (ECF No. 2). I also gave inmate Saddozai a copy of Eastern District of California's instructions for filing a complaint using the electronic case filing system. At that time, I offered to facilitate the electronic filing of inmate Saddozai's complaint, but informed him that the 184 pages (the notice and its attached proposed filings) far exceeded the Court's rules governing electronic filing.
I met with inmate Saddozai against on August 21, 2019, to follow up with him regarding electronically filing his complaint. I brought Plaintiff's complaint (ECF NO. 1 at 13-19 (7 pages) and his application to proceed in forma pauperis (ECF No. 1 at 20-23) (4 pages), both of which fall within the electronic filing rules set forth in this Court's August 14, 2019 order (ECF No. 2). I offered the documents to inmate Saddozai and informed him that he library was presently open, and he could electronically file his documents there. However, inmate Saddozai declined, stating that his complaint had already been accepted by the Court. I explained that the complaint had not been accepted, and reminded him of the Court's order that I provided to him on August 16, 2019. Inmate Saddozai declined to accept the complaint or the in forma pauperis application, and instead insisted that he did not need to electronically file these documents.
(Declaration of M. Dailo, ¶¶ 3-4.)
As Plaintiff is incarcerated at CCI, he is subject to the Standing Order in Re: Procedural Rules for Electronic Submission of Prison Litigation Filed by Plaintiff's incarcerated at CCI. Pursuant to the standing order, which applies to initial filings: (1) new complaints are subject to e-filing and they may not exceed twenty-five pages in length; and (2) motions seeking relief from the standing order, motions for emergency relief, or motions to increase the page limit shall be no more than fifteen (15) pages. As a California Department of Corrections and Rehabilitation participating facility, no initial documents are accepted for filing by the Clerk of Court unless done pursuant to the standing order or the scanning equipment is inoperable for a period longer than forty-eight (48) hours.
Based on the evidence before the Court, Mr. Saddozai has not complied with the requirement to request to electronically file his complaint with the Court. There is no basis for Court intervention and Mr. Saddozai must comply with the normal procedures pursuant to the Court's Standing Order to have his complaint e-filed with this Court. In the interest of justice, the Court will return all documentation submitted to the Court, including the form complaint to Mr. Saddozai for purposes of re-filing in compliance with the Court's Standing Order, along with a blank application to proceed in forma pauperis or pay the $400.00 filing fee. No case will be filed unless and until Plaintiff utilizing the e-filing system at CCI.
Accordingly, it is HEREBY ORDERED that:
1. Plaintiff's request to be exempt from the electronic filing requirement is DENIED;
2. Plaintiff must comply with the Court's Standing Order to have his complaint electronically filed by this Court and the failure to do so will result in return of the complaint as not filed;
3. The Clerk of Court shall send Plaintiff a blank application to proceed in forma pauperis by a prisoner; and
4. The Clerk of Court is directed to return all documentation stamp received by the Court on August 5, 2019 (ECF No. 1).
IT IS SO ORDERED.
INFORMATION TO PRISONERS SEEKING LEAVE TO PROCEED WITH A CIVIL ACTION IN FEDERAL COURT IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915
In accordance with 1996 amendments to the in forma pauperis statute, AS A PRISONER YOU WILL BE OBLIGATED TO PAY THE FULL FILING FEE OF $350.00 FOR A CIVIL RIGHTS ACTION, $5.00 FOR A HABEAS CORPUS PETITION, OR $505.00 FOR AN APPEAL. If you are not afforded in forma pauperis status in a Civil Rights Action, you will be required to pay the $350.00 filing fee plus a $50.00 administrative fee for a total of $400.00.
If you have the money to pay the full filing fee, send a cashier's check or money order made payable to the U.S. District Court with your complaint, petition, or notice of appeal.
If you do not have enough money to pay the full filing fee when your action is filed, you can file the action without prepaying the filing fee. The court will order the facility where you are held in custody to collect the filing fee from your prison or jail trust account. EACH MONTH YOU WILL OWE 20 PERCENT OF YOUR PRECEDING MONTH'S INCOME TOWARD THE BALANCE UNTIL THE FILING FEE IS PAID IN FULL. The facility will forward payments to the court any time the amount in the account exceeds $10.00. The balance of the filing fee will be collected even if the action is later dismissed, summary judgment is granted against you, or you fail to prevail at trial. In order to proceed with an action in forma pauperis, you must complete the attached form and return it to the court with your complaint, habeas corpus petition, or appeal. The form includes your authorization for the agency having custody of you to provide a certified copy of your trust account statement for activity covering the last six months directly to the Court so that your eligibility for in forma pauperis status can be determined. Your signature on the form also authorizes the agency having custody of you to collect money from your trust account and forward it to the Clerk of the United States District Court payments if you are granted in forma pauperis status. 28 U.S.C. § 1915(b)(2). If you are housed at a non-CDCR facility (such as a local jail or federal facility), you must have your institution complete the certification on the form and attach a certified copy of your prison or jail account statement for the last six months.
If you submit an incomplete form or you are ineligible for in forma pauperis status, your request to proceed in forma pauperis will be denied.
The court is required to screen your complaint regardless of the amount of filing fee paid and will dismiss the complaint if:
1. Your allegation of poverty is untrue;
2. The action is frivolous or malicious;
3. Your complaint does not state a claim on which relief can be granted, or
4. You sue a defendant for money damages and that defendant is immune from liability for money damages.
If you file more than three actions or appeals while incarcerated that are dismissed as frivolous, malicious, or for failure to state a claim on which relief can be granted, you will be prohibited from bringing any other actions in forma pauperis unless you are in imminent danger of serious physical injury.
