Tag Archives: Judge Mendoza

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

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.

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