Tag Archives: injustice-by-denial-of-electronic-filing-to-self-representing-litigants

Electronic Filing in the Court, Frivolous law suits & claim

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.

Corruption, Electronic Filing in the Court

Injustice by Denial of Electronic Filing to Self Representing Litigants

When the two parties are treated differently, it is NOT “equal justice under law“.Out of the two parties. one who is represented by the attorney file electronically and get instant docket numbers and get the real-time order while the self -representing litigants are not allowed to file electronically. They have to go in person to deliver the documents to the court or have to stand in the line in the post office to find out postage. They are also subjected to delays in the mail, lost mail, clerical errors.

Electronic Filing by Pro Se In Federal District Courts Should be Mandatory As Per State Courts

To:      Advisory Committee on the Federal Rules of Appellate Procedure From: Edward Hartnett, Reporter

Date: September 26, 2020

Re:      Suggestion to Permit Electronic Filing by Pro Se Litigants (20-AP-C; 20-CV-J)

Dr. Usha Jain has submitted a suggestion that pro se litigants be allowed to file electronically, particularly in light of the coronavirus pandemic.

Federal Rules of Appellate Procedure 25(a)(1) provides, in relevant part:

(B)  ELECTRONIC FILING AND SIGNING.

By a Represented Person—Generally Required; Exceptions. A person represented by an attorney must file electronically, unless nonelectronic filing is allowed by the court for good cause or is allowed or required by a local

By an Unrepresented Person—When Allowed or Required. 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.

Whether pro se litigants, then, may file electronically is left to local rules and court orders.

If the Committee thinks that it might be time for national uniformity regarding electronic filing by pro se litigants, I would suggest the creation of a subcommittee to explore this suggestion.

If, on the other hand, the Committee thinks that local variation remains appropriate, I would suggest removing this item from the Committee’s agenda.

Date June 23, 2020
Rebecca A. Womelsdorf, Secretary Committee on Rules of Practice and Procedure United States Judicial Conference
One Columbus Circle, NE Washington, D.C. 20544
VIA EMAIL: [email protected]
Re: Comment on Emergency Rulemaking and URGENT Efforts to prevent the spread of deadly COVID-19 and related deaths
Respected Ms. Womelsdorf:
As a concerned board-certified emergency medicine physician, I respectfully request that you, as a member of the rulemaking committee, facilitate an administrative change allowing self-representing people to file electronically in the Federal Court so that self-representing people have equal access to filing and receive the real-time orders of the court. This is especially relevant during the current tragic times of global pandemic and the spread of COVID-19.
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 for spreading COVID-19 and thus could help prevent the spread of the deadly disease, I urge you to allow the Federal Court, by an administrative order, to provide the electronic filing option to self-representing citizens.
There are GUIDELINES set forth by the CDC, FL Surgeon General, President Trump and Florida Governor DeSantis, and many other leaders and experts to prevent the spread of coronavirus. These guidelines have included closing government offices when possible and having many employees work remotely and electronically.
Electronic filing for self-representing citizens would also help those with medical conditions, physical limitations, and handicapped status. It would “level the playing field” for those who choose not to hire an attorney.
I humbly request that you evaluate and use logical reasoning for equal opportunity to prose litigants. This would increase judicial efficiency, lessen hardship due to medical disability and now to protect the safety of lives of prose litigants, especially those over 70 with comorbid conditions and high risk of mortality.
Gratefully yours,
Dr. Usha Jain