Marsh v. Nations Direct Mortgage, LLC

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TERRANCE MARSH, et al., Case No. 1:23-cv-01518-KES-CDB

12 Plaintiffs, ORDER DENYING PLAINTIFF’S MOTION FOR E-FILING PRIVILEGES 13 v. (Doc. 39) 14 NATIONS DIRECT MORTGAGE, LLC,

15 Defendant. 16 17 Pending before the Court is the motion of pro se Plaintiffs Terrance Marsh and Gesele 18 Marsh (collectively, “Plaintiffs”) for permission to participate in electronic case filing, filed on 19 December 11, 2024. (Doc. 39). Plaintiffs request permission to use the court’s electronic filing 20 system because “[f]iling by online services makes it easier and fast and sufficient to get 21 documents to courts in a timely manner and saves Plaintiffs monetarily for filing in court in- 22 person and by mail.” (Id. at 1). 23 Generally, “self-represented litigants are not permitted to e-file in this district.” Miller v. 24 Sacramento City Unified School District, No. 2:21-cv-0757-JAM-CKD PS, 2021 WL 3539733, 25 at *3 (E.D. Cal. Aug. 11, 2021); see Local Rule 133(b)(2) (“Any person appearing pro se may 26 not utilize electronic filing except with the permission of the assigned Judge or Magistrate 27 Judge.”). “[E]-filing is a privilege which in some circumstances may be extended to self- 28 represented parties. If the case proceeds beyond the pleadings stage and plaintiff has not abused 1 || the filing procedures, the court will consider a further motion for e-filing privileges.” Miller, 2 |} 2021 WL 3539733 at *3. 3 Here, there is a pending motion to dismiss (Doc. 22). Because “it is not clear whether 4 || this case will proceed beyond the pleadings stage, the [C]ourt does not find good cause to depart 5 || from the default rule in this district not to permit self-represented litigants to e-file.” Miller v. 6 || Sacramento City Unified School District, No. 2:21-cv-0757-JAM-CKD PS, 2021 WL 3883916, 7 at *2 (E.D. Cal. Aug. 31, 2021) Thus, Plaintiffs’ motion will be denied. The Court assures 8 || Plaintiffs that although they do not have access to electronically view the filings in the case, 9 || paper copies of all court orders (including minute orders) are mailed to them at the time of their 10 || issuance. 11 Conclusion and Order 12 Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ motion for electronic filing 13 || privileges (Doc. 39) is DENIED. 14 ll TT IS SO ORDERED. 15 ) Bo Dated: _ December 13, 2024 | Ww “WL 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28