Rech v. Monroe County et al, No. 6:2017cv06418 - Document 92 (W.D.N.Y. 2021)

Court Description: DECISION & ORDER granting 88 motion for permission to file electronically in this case through CM/ECF, subject to the following conditions: Rech shall (1) complete and file with the Clerk of the Court the required CM/ECF registration form, as outl ined in Section 1(C) of the Guide; (2) contact the Clerk of the Court's Operations Manager, Elizabeth Burger at (716) 551-1771, to verify the email address for his receipt of electronic notices of filings in this case; (3) obtain instructions o n accessing and viewing documents received in email notifications; and (4) familiarize himself with and abide by the rules and procedures in the Guide. As noted above, this permission may be revoked by the Court at any time and the Court will not he sitate to revoke permission if the privilege is abused or if Rech otherwise fails to abide by the pertinent rules and procedures. On or before, June 30, 2021, Rech shall file an affirmation in this matter in which he affirms that (1) he has satis fied the above conditions, including receiving instructions on accessing and viewing documents received in email notifications; and (2) he understands that he will no longer receive documents by regular mail. Until the affirmation is filed, defendan ts shall continue to mail to the plaintiff copies of all documents and attachments filed through CM/ECF. Signed by Hon. Marian W. Payson on 5/25/2021. Copy of this Decision & Order sent by First Class Mail to plaintiff Michael Rech on 5/25/2021 to his address of record. (KAH)

Download PDF

Rech v. Monroe County et al Doc. 92 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________ MICHAEL RECH, DECISION & ORDER Plaintiff, 17-CV-6418FPG v. COUNTY OF MONROE, et al., Defendants. _______________________________________ On April 29, 2021, the plaintiff, Michael Rech, filed a motion for permission for electronic case filing through the Court’s system (“CM/ECF”). (Docket #88). For the reasons that follow, the motion is granted. Rule 5 of the Federal Rules of Civil Procedure provides that a pro se litigant “may file electronically only if allowed by court order or by local rule.” Fed. R. Civ. P. 5(d)(3)(B)(i). The Local Rules of Civil Procedure incorporate by reference the Court’s CM/ECF Administrative Procedures Guide (“the Guide”), which in turn provides the requirements and procedures for electronic filing. See W.D.N.Y. Local Rule 5.1(a). The Guide allows the Court, in its discretion, to “grant a pro se litigant who demonstrates a willingness and capability to file documents electronically, permission to register to do so.” W.D.N.Y. Administrative Procedures Guide for Electronic Filing, Administrative Procedures. Such permission, however, may be “revoked at any time.” Id. Rech requests permission to file electronically due to health concerns, as well as his professed difficulty in timely notifying the Court of his objections to certain of the defendants’ requests. (Docket # 88, 89). Having considered Rech’s submission, his request for Dockets.Justia.com permission to file electronically in this case through CM/ECF (Docket # 88), is GRANTED, subject to the following conditions: Rech shall (1) complete and file with the Clerk of the Court the required CM/ECF registration form, as outlined in Section 1(C) of the Guide;1 (2) contact the Clerk of the Court’s Operations Manager, Elizabeth Burger at (716) 551-1771, to verify the email address for his receipt of electronic notices of filings in this case; (3) obtain instructions on accessing and viewing documents received in email notifications; and (4) familiarize himself with and abide by the rules and procedures in the Guide. As noted above, this permission may be revoked by the Court at any time and the Court will not hesitate to revoke permission if the privilege is abused or if Rech otherwise fails to abide by the pertinent rules and procedures. On or before, June 30, 2021, Rech shall file an affirmation in this matter in which he affirms that (1) he has satisfied the above conditions, including receiving instructions on accessing and viewing documents received in email notifications; and (2) he understands that he will no longer receive documents by regular mail. Until the affirmation is filed, defendants shall continue to mail to the plaintiff copies of all documents and attachments filed through CM/ECF. IT IS SO ORDERED. MARIAN W. PAYSON United States Magistrate Judge Dated: Rochester, New York May __, 25 2021 The registration form is available on the Court’s website at https://www.nywd.uscourts.gov/sites/nywd/files/combinedRegistrationForm2020.pdf 1 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.