U.S. v. Benitez-Ochoa

Full title: United States of America, Plaintiff, v. Jesus Antonio Benitez-Ochoa…

Court: United States District Court, D. Arizona

Date published: Jul 19, 2006

No. 06-7174-3-M (D. Ariz. Jul. 19, 2006)

Opinion

No. 06-7174-3-M.

July 19, 2006

ORDER

LAWRENCE ANDERSON, Magistrate Judge

This Court has received Defendant's Substitution of Counsel (Dkt. # 20) which this Court will treat as a motion.

Substituting defense counsel, John Rudy Hale, has electronically signed the consent to the substitution on behalf of the Defendant, Jesus Antonio Benitez-Ochoa.

According to the Electronic Case Filing Administrative Policies and Procedures Manual for the United States District Court for the District of Arizona, available on the Court's Internet Page, Section II: Electronic Filing and Service of Documents, Section C., Signatures, Subsections 2 and 4 state:

"2. Non-Registered Signatories:

Except as provided in II, D.3 for certificates of service, if the original document requires the signature of a non-registered signatory, the filing party must scan and electronically file the original document. The electronically filed document maintained on the court's servers will constitute the official version of that record. The Filing party must retain the original document for the duration of the case, including any period of appeal.

4. Criminal Defendants:

A document containing the signature of a defendant in a criminal case must be electronically filed as a scanned document in .pdf. The filing party is required to verify the legibility of the scanned document before electronically filing it with the court. The filing party must retain the original document for the duration of the case, including any period of appeal.

Any party challenging the authenticity of an electronically filed document, or the authenticity of the signature themselves, must file an objection to the document within ten (10) days of receiving the Notice of Electronic Filing."

Further, when a document bearing the original signature of an unregistered party is being filed and the party does not have access to a scanner for scanning into .pdf for electronic filing, the Customer Service of the Clerk's office has a scanner available to counsel and the public during normal business hours.

Therefore,

IT IS ORDERED that Defendant's Motion for Substitution of Counsel (Dkt. #20) is DENIED without prejudice due to new counsel's failure to comply with the Electronic Case Filing Administrative Policies and Procedures Manual for the United States District Court for the District of Arizona.