Tag Archives: national emergency

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.

Electronic Filing in the Court, PROACTIVE

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