Summary
This United States District Court order denies a pro se plaintiff's motion requesting permission to file documents electronically via the CM/ECF system or pro se portal. The court explains that electronic access is generally restricted due to confidentiality concerns and requires a showing of extenuating circumstances, such as significant financial or physical barriers, verified by affidavits. Additionally, the court declines to adopt a mailbox rule, noting that existing email delivery arrangements and deadline extension provisions adequately address the plaintiff's timing concerns.
Topics
Practice areas
Questions Presented
- Whether a pro se litigant is entitled to access the CM/ECF system under the circumstances presented.
Holdings
- The motion for CM/ECF access is denied because the plaintiff failed to demonstrate the required extenuating circumstances and the absence of prior misuse.
Key quotations
“To present a colorable request for CM/ECF access, a pro se litigant must show “extenuating circumstances exist to justify waiving CM/ECF procedures.”” (*4)
“And the CM/ECF system contains confidential and other sensitive information, so access is generally restricted.”
Factual background
Pro se plaintiff George Nathansen sought permission to file papers electronically through the court's CM/ECF system. The portal for pro se parties had been discontinued and access to CM/ECF is normally restricted. The court required a showing of extenuating circumstances and a detailed record of prior pro se filings, which the plaintiff failed to provide.
Procedural history
Plaintiff George Nathansen, pro se, moved for permission to file papers via the pro se portal or CM/ECF system; the court denied the motion.