Electronic Filing is denied by District Judge to Dr. Usha Jain during a national emergency and the Stay at Home order from COVID-19 in 2020.
District Judge ignored unforeseen and exceptional circumstances during the pandemic and stay-at-home order due to COVID-19 and refused to grant electronic access which would have provided no risk of exposure to coronavirus. Federal Judge advised the Jains to submit the documents via US mail which required the Jains to go inside the post office, stand in line with the general public to get the correct postage from postal employees according to the weight of the document, and touch multiple surfaces not sanitized after each visitor. Thus, the advice of mailing increased the health risk to the Jains who are high risk as they are over age 70 with many comorbid conditions such as diabetes, chronic kidney disease, and high blood pressure. The CDC guidelines clearly identified life-threatening health risks for visiting public places including the US Post Office. The CDC also identifies the following as high risk: older people with diabetes, heart disease, and lung disease and CDC recommended preventing exposure … “to stay at home for a period of time.” Thus, mailing instead of electronic filing significantly increases the health risks to pro se citizens over those who have hired legal representation and are thus allowed to file electronically. The denial of the electronic mode of filing with zero exposure is frankly undeniable
Moreover, Federal Judge disregarded ADA guidelines and made the petitioner Mr. Jain with chronic pain deliver the documents for filing to the courthouse. Mr. Jain had to have surgery on his knee on August 3, 2021.
Also, when Mr. Jain could not walk and climb the stairs of the courthouse, Dr. Usha Jain had to close her emergency center to deliver the documents.
All of the above shows that a federal Judge is an Article III Judge and should not disregard unforeseen and exceptional circumstances of the global pandemic against CDC guidelines and disability against ADA guidelines.
Denial of electronic filing during a state of emergency is a violation of Human Rights articles three and Seven.
Article 3
Right to life
Everyone has the right to life and to live in freedom and safety.
Everyone has the right to life, liberty and security of person.
Article 7
Right to equality before the law
The law is the same for everyone and should be applied in the same manner to all.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Human rights are inalienable. They should not be taken away, except in specific situations and according to due process.