Rodriguez v. Marquez

United States District Court for the Eastern District of California

Rodriguez v. Marquez

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROSEANNA RODRIGUEZ, Case No. 1:25-cv-00271-KES-CDB 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION TO PROCEED IN FORMA 13 v. PAUPERIS

14 RAYMONDA B. MARQUEZ, et al., (Doc. 2)

15 Defendants. ORDER DENYING PLAINTIFF’S MOTION FOR ELECTRONIC FILING 16 (Doc. 3) 17

18 19 Plaintiff Roseanna Rodriguez (“Plaintiff”), proceeding pro se, filed this civil action on 20 March 3, 2025. (Doc. 1). 21 Motion to Proceed In Forma Pauperis 22 Plaintiff has filed a motion to proceed in forma pauperis without prepaying fees or costs 23 pursuant to

28 U.S.C. § 1915

. (Doc. 2). The Court finds Plaintiff has made the showing required 24 by § 1915, and the request to proceed in forma pauperis shall be granted. 25 As to the status of the complaint, Plaintiff is advised that pursuant to

28 U.S.C. § 26

1915(e)(2), the Court is authorized to conduct an initial review of all pro se complaints where the 27 plaintiff proceeds in forma pauperis to determine whether the complaint is legally sufficient 28 under the applicable pleading standards. See Lopez v. Smith,

203 F.3d 1122, 1129

(9th Cir. 2000) 1 (“section 1915(e) applies to all in forma pauperis complaints, not just those filed by prisoners”). 2 The Court must dismiss a complaint, or portion thereof, if the Court determines that the complaint 3 is legally frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks 4 monetary relief from a defendant who is immune from such relief.

28 U.S.C. § 1915

(e)(2). If the 5 Court determines that the complaint fails to state a claim, leave to amend may be granted to the 6 extent that the deficiencies in the complaint can be cured by amendment. 7 Plaintiff’s complaint will be screened in due course. If appropriate after the case has been 8 screened, the Clerk of the Court will provide Plaintiff with the requisite forms and instructions to 9 request the assistance of the United States Marshal in serving Defendants pursuant to Federal 10 Rule of Civil Procedure 4. 11 Motion for Electronic Filing 12 Also pending before the Court is Plaintiff’s motion for electronic filing. (Doc. 3). Under 13 the Court’s Local Rules, pro se parties are required to “file and serve paper documents” and 14 “may not utilize electronic filing except with the permission of the assigned Judge or Magistrate 15 Judge.” Local Rule 133(b)(2) (emphasis omitted). Any request for an exception to this rule 16 must be submitted as a stipulation between the parties or a “written motion setting out an 17 explanation of reasons for the exception.” Local Rule 133(b)(3). 18 It is within the Court’s discretion to grant or deny such a request. Reddy v. Precyse 19 Solutions LLC, No. 1:12-cv-02061-AWI-SAB,

2013 WL 2603413

, at *3 (E.D. Cal. June 11, 20 2013). Here, Plaintiff asserts financial hardship arising from expenses for printing, postage, and 21 travel to the courthouse. (Doc. 3 at 2-3). The Court notes that travel to the courthouse, if any, is 22 unnecessary as documents may be mailed to the court for filing. Local Rule 133(b)(2). 23 Expenses arising from printing and postage are likely to be de minimis. As such, upon review of 24 the pleadings in this action and Plaintiff’s motion, the Court finds that this action does not 25 warrant an exception to the Local Rule. 26 /// 27 /// 28 /// 1 | Conclusion and Order 2 Accordingly, IT IS HEREBY ORDERED as follows: 3 1. Plaintiff's motion to proceed in forma pauperis (Doc. 2), for good cause appearing, is 4 GRANTED; and 5 2. Plaintiffs motion for electronic filing (Doc. 3) is DENIED. 6 | IT IS SO ORDERED. "Dated: _ April 2, 2025 | hr 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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