Tag Archives: Federal Judge Mendoza

Dr. Usha Jain for Equality in Justice for Pro Se Self-Representation

There are two sides to a lawsuit. If one is denied access to file using the same ‘system’ as the other side, that’s not “Equal Justice Under Law” as inscribed on the highest court of the land’s building. See Greene v. Frost Brown Todd, LLC, 856 F.3d 438 (6th Cir.2017) It’s unconstitutional. In Florida, state court efiling is mandatory for all parties. That is exactly how it should be in Federal Courts or the Constitution is merely a parchment with words with no meaning.

A person not represented by an attorney may file electronically only if allowed by court order or by local rule; and may be required to file electronically only by court order, or by a local rule that includes reasonable exceptions.

The self–represented litigants do not have access to an electronic system of the federal District court but it is only allowed to the one represented by a counsel thereby they are provided with the tools for safety and is not subject to clerical errors, lost and delayed mails. This is not equal access and is against the spirit of “Equal Justice Under Law” and this unlawful exception is unconstitutional and is against our democracy. There is no national uniformity per Professor
Edward H. Cooper and can be checked by clicking on the following link:
https://lawsintexas.com/electronic-filing-by-pro-se-in-federal-district-courts-should-bemandatory-as-per-state-courts/

The risk of exposure and spread of the deadly virus is increased when people are required to visit the post office to mail the paper filings as they must stand in line with those who may be infected in order to calculate and purchase postage or they must touch unsanitized self-service machines that are touched by many others each hour. Hand delivery to the court also increases exposure to other members of the public unknown to them as well as employees.
The appellate Federal Court (11th Circuit) and state court both allow filing electronically for self-representing citizens. Because electronic filing has ZERO risks of spreading COVID-19, it should be granted as an exception to prevent the spread of the deadly disease by any judge in the Federal Court.

Judge Mendoza disregarded the exceptional criteria of the national emergency and denied electronic filing. Instead, Judge Mendoza advised to mail the documents which also has inherent risk of exposure.
The risk of exposure and spread of the deadly virus is increased when people are required to visit the post office to mail the paper filings as they must stand in line with those who may be infected in order to calculate and purchase postage or they must touch unsanitized self-service machines that are touched by many others each hour. Hand delivery to the court also increases exposure to other members of the public unknown to them as well as employees.


Electronic Filing Denied to Pro Se During National Emergency by a Federal Judge

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.

Electronic Filing in a Federal Court and Equal Access to All by Dr. Jain

Dr. Jain is a dedicated and passionate physician who serves the community of Dr. Phillips for 37 years. Dr. Jain worked in the emergency room at Orlando Health. Dr. Jain is going beyond the scope of medicine to help citizen to get equal access to the Federal Courts.

In the spirit of equality under the law, Dr. Jain supports a change in rules that allows people who self-represent in court to have access to the electronic filing system.  Dr. Jain is working with Rules Committee to change the rules so no favors in federal courts.

The right to self-representation is guaranteed in the United States Constitution, but that right would be meaningless if people represented by a paid counsel are treated differently by the courts than those who self-represent. During the Covid-19 pandemic, many people feared for their lives and the lives of their families knowing that contracting the virus could be a death sentence. Many self-representing people had to put themselves, and their families, in harm’s way by filing a motion in person in a courthouse or at a post office. This reality is far from equal access to justice.

Before the pandemic, the reality was still far from equal justice. Self-representing people may have still faced barriers to filing a motion in person. They may not have had regular transportation to a courthouse or post office. They may have had to work during business hours without the ability to leave, even briefly, to file a motion. 

It is necessary to allow self-representing people access to the electronic filing system to promote equal access to justice under the law. Dr. Jain has been working to bring the notion of equal justice for all into reality. Dr. Mendoza in Federal Court denied granting electronic filing during the national emergency from COVID-19, especially during stay-at-home orders when people were working remotely. CDC considers the post office as a high-risk place and to mail a document with many papers requires one to go inside the post office, stand in the line with the general public and touch many surfaces which are high risk

Denial of Electronic Filing by Judge Mendoza During Pandemic to Self Representing Asian Doctor and Engineer

Federal court is the court where one can get the adjudication of fundamental rights bestowed upon the citizens through the Constitution. If the state court Judge violates your constitutional rights of equality due to national origin or your race, congress made legislation where you can move your case to the Federal court of your District.

What happens when the Federal Judge is violating your constitutional rights of equality because you are self-representing and are of ethnic origin with English is your second language.

Dr. Usha Jain an emergency and anti-aging specialist and her husband who is an engineer were denied electronic filing in the Federal court of Orlando by Judge Mendoza by stating that the self-representing people do not know how to file properly.

“Documents filed pro se are, in my experience, often not correctly titled and frequently exceed the page limitations imposed by the Local Rules of this Court.” This statement is made despite knowing that pro se Asians are educated and have been filing in the state court for three years and appeals court as well. This was denied in 2019 and again in 2020 despite the disability of Mr. Jain with chronic knee pain. Furthermore, it was denied during stay-home-order during the pandemic.

The same Federal court provides the electronic filing to a Caucasian pro se in the same year in May of 2019 even when there was no pandemic or disability shown.

Why there is a discrepancy in the application of the Local Rule and policies in the same Federal Court to two different class of people. Where is the enforcement of equal application of Local Rule.

Why there is a violation by Judge Mendoza’s court of ADA Guidelines and CDC guidelines against the pro se of Asian race.

There are several disadvantages to not getting the electronic filing. Some of those are:

In Federal Court in Orlando, electronic filing is only for attorneys and only option for
pro se is via Postal Mail or Hand Delivery for filing motions and receiving orders. This
inequality has inherent prejudice to Plaintiffs who are pro se and colored in this case.


1. Service of the Order is one week by mail. In electronic filing the filing comes to
your email address and would be seen right away vs waiting for the mail.


2. Mailing puts you in a spiral of the uncertainty of reaching by mail;


3. Mailing exposes risk for coronavirus as one has to stand in the line with general
public to get an estimate of postage for the weight of papers which varies every filing;

4. Delivering the mail to the courthouse also exposes to court personnel during coronavirus stay at home orders;


5. Plaintiffs have to leave in fear from exposure of coronavirus;


6. The case can be easily manipulated for deletion and omission of the documents by the docketing clerk thereby pro se never can get justice in the court. technical default for pro se citizens.


7. The case can be easily manipulated for technical default for pro se citizens.

8.. Plaintiffs do not know the docket no. of their filing because they do not receive
any electronic mails from the court of their filings. Plaintiffs cannot reference the dockets.
This causes the records to be compromised as it happened in Doc. 112 in which Doc. 109
was cited but in actuality, it was in Doc. 110. It is really difficult to file any motions without
knowing the docket no of their filing; Plaintiffs have to rely on the clerk to provide the docket no. of their filings and also if
it is properly for example filing of Docket no 61 was labeled as response for motion;


9.. Lagging of seven days and unnecessary motions have to be filed to find out about
the orders when no emailing is allowed and phone calls get labeled as harassment;

Plaintiffs do not know the docket no. of their filing because they do not receive
any electronic mails from the court of their filings. Plaintiffs cannot reference the dockets.
This causes the records to be compromised as it happened in Doc. 112 in which Doc. 109
was cited but in actuality, it was in Doc. 110. It is really difficult to file any motions without
knowing the docket no of their filing;

The original color and highlighted areas in exhibits to emphasize would not show.

The inequality of Federal Judge Mendoza is very obvious in the Federal Court of Orlando.

 As observed by former Chief Judge Loren A. Smith, the Court is the institutional scale that weighs the government’s actions against the standard measure of the law and helps make concrete the spirit of the First Amendment’s guarantee of the right “to petition the Government for redress of grievances.”  

Coronavirus and Federal Judge Mendoza’s Denial of Electronic Filing

During the Pandemic of coronavirus, Federal Judge Mendoza denied electronic filing to a pro se (self representing) citizens who are 70 and 75 years old with high risk of mortality. At the time of global pandemic by coronavirus and national emergency where people are dying, Judge Mendoza refused to grant access to the electroninc case filing which has zero exposure to corona virus. This denial is directly in conflict with the guidelines set forth by CDC, President Trump and Governor DeSantis in their effort to save lives. The plea of the doctor for electronic filing was blantatly denied without any concern for risking lives of Asian citizen who servves the community for their medical needs. You can see this directly by looking at the Court case 6:19-cv-01635.

The self-representing people are not allowed to file the claim electronically in federal court in Orlando, and the only way the court filings can be done is by hand delivery to the courthouse or going to the post office to drop in the mailbox. There is an increase of exposure to coronavirus when the self-representing citizens have to stand in the line to calculate the postage stamps required for their filing which will vary according to the pages and weight of the documents. There is a high risk because of the exposure to the general public and post office employees. Moreover, the myriad of surfaces are not cleaned after each visitor. Due to this administrative policy, self-representing people are put at a disadvantage in many ways to risk their lives to get justice, and ultimately they can lose a case.

The self representing citizen has to go to drop the papers with white coat, mask and gloves to avoid unnecessary exposure. You can see this directly by looking at the Court case 6:19-cv-01635.

global pandemic, coronavirus, national emergency, Judge Mendoza, electroninc filing, CDC, President Trump,Governor DeSantis,plea of Dr. Jain, electronic filing, blantatly denied without any concern for risking lives of Asian citizens, serves community, ECF system of court, federal judge, self-representing, high risk mortality. death from coronavirus