ROTHSCHILD
v.
ANYWHERE ADVISORS LLC
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A pro se plaintiff in a federal civil case sought access to the Court's electronic filing system (CM/ECF). The District Court denied the motion, finding no extenuating circumstances warranted waiving the standard rule that pro se litigants cannot access CM/ECF without court order.
The court denied the motion for CM/ECF access because no extenuating circumstances existed to justify waiving the standard rule that pro se litigants are generally denied CM/ECF access. The plaintiff has adequate alternative means to access court records and file documents.
[1] Pro se litigants are generally denied access to the court's electronic filing system (CM/ECF) unless extenuating circumstances justify waiving standard procedures.
[2] A pro se litigant must obtain a court order to file documents in CM/ECF.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Pro se litigants are generally denied access to electronic filing unless extenuating circumstances exist to justify waiving CM/ECF procedures.”
Establishes the governing standard for CM/ECF access by pro se litigants
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Join FLexlaw to unlock all legal intelligenceMayer Amschel Rothschild, a pro se litigant, filed a motion requesting access to CM/ECF to file documents in his case against Anywhere Advisors LLC an…
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Before the court is plaintiff Mayer Amschel Rothschild's motion to access the Court's electronic filing system—CM/ECF. (Doc. 6.) “Absent a court order, a pro se litigant is not permitted to file documents in CM/ECF.” Administrative Procedures for Electronic Filing § B(4) (Apr. 1, 2024). “Pro se litigants are generally denied access to electronic filing unless extenuating circumstances exist to justify waiving CM/ECF procedures.” Huminski v. Vermont, No. 2:13- cv-692-FtM-29, 2014 WL 169848, *4 (M.D. Fla. Jan. 15, 2014); see also McMahon v. Cleveland Clinic Found. Police Dep't, 455 F. App'x 874, 878 (11th Cir. 2011) (affirming denial of pro se plaintiff's access to CM/ECF because he did not show good cause).
Any member of the public can access electronic records of the federal courts by registering online with PACER, and Rothschild has a PACER account. (Doc. 6.) As provided in the Court's Guide for Proceeding Without a Lawyer:
If you have internet access, you may also register for PACER (Public Access to Court Electronic Records) and view and print the documents in a case. To register, go to the PACER registration page on the PACER website (www.pacer.gov) or call (800) 676-6856. Using PACER may cost $.10 per printed page. PACER will give you details when you register. Problems with PACER should be addressed to PACER, not to the court. Guide for Proceeding Without a Lawyer, p. 13 (Feb. 10, 2022) (available at https://www.flmd.uscourts.gov/litigants-without-lawyers). And litigants without access to CM/ECF or Pacer can still file documents in the Court's web portal: https://www.flmd.uscourts.gov/electronic-document-submission-webportal. In fact, Rothschild filed the instant motion in the Court's web portal. Accordingly, the Court finds no extenuating circumstances to justify allowing CM/ECF access. By all accounts, Rothschild has sufficient resources and wherewithal to access the docket and file what is needed without CM/ECF. The motion for CM/ECF access (Doc. 6) is thus DENIED.
ORDERED in Fort Myers, Florida on May 29, 2024.
Kyle C. Dudek United States Magistrate Judge
Copies: All Parties of Record 2