Opinion
1:21-cv-01180-KWR-LF
03-09-2022
MEMORANDUM OPINION AND ORDER
KEA W. RIGGS UNITED STATES DISTRICT JUDGE
On March 8, 2022, pro se Plaintiff sent an email to the chambers of Chief United States District Judge William P. Johnson. See Attachment 1. Plaintiff attached to his email a "Notice of Appeal" which seeks "to reassign Judge Kea Riggs for conflict of interest." See Attachment 2.
Electronic Filing
In his email, Plaintiff complains that the Clerk's Office refused to take his Notice of Appeal which he emailed to the Clerk's Office:
Federal courts around the country are taking PDF files being emailed to the clerk for processing. This clerks office is refusing to take this document making it extremely prejudicial and creating a hardship on me keep in mind I am battling an injury from an auto accident from six years ago. It is so much easier and creates a lot less work for the clerks office to just simply take the email filing and process it then [sic] it is to take a hard copy from a messenger service I cannot put these documents in U.S. mail for personal reasons.
Attachment 1. Plaintiff does not describe his personal reasons why he cannot mail documents to the Court. 1
Plaintiff must follow the procedures for filing documents as a pro se litigant which are: (i) hand-delivering or mailing the documents to the Clerk's Office; or (ii) filing the documents electronically.
The Court grants Plaintiff permission to file electronically in this case only. See Guide for Pro Se Litigants at 13, District of New Mexico (November 2019) (“approval to electronically file documents within a case must be granted by the presiding judge for each case in which the pro se litigant wishes to file using their CM/ECF account”). The Court will revoke permission to file electronically if Plaintiff abuses his electronic filing privilege or fails to comply with the rules and procedures in the District of New Mexico's Guide for Pro Se Litigants and the District of New Mexico's CM/ECF Administrative Procedures Manual. Account registration forms, procedure manuals, and other information can be obtained at the Court's website at http://www.nmd.uscourts.gov/filing-information. This Order only grants Plaintiff permission to participate in CM/ECF; Plaintiff is responsible for registering to become a participant. See CM/ECF Administrative Procedures Manual, District of New Mexico (Revised December 2019).
Notice of Appeal
Plaintiff seeks to appeal from the Court's denial of his motions to recuse. See Doc. 28, filed February 28, 2022 (denying motions to recuse). Plaintiff has not properly filed his Notice of Appeal. The Court will make an exception this one time only and direct the Clerk to file the Notice of Appeal. Any documents Plaintiff submits for filing in this case in the future will not be filed unless they are hand-delivered or mailed to the Clerk of Court or filed electronically.
IT IS ORDERED that:
(i) Plaintiff is GRANTED permission to file electronically.2
(ii) The Clerk of Court SHALL FILE Plaintiffs Notice of Appeal which is attached to this Order as Attachment 2.
IT IS SO ORDERED. 3