Warren v. Wilson et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
DANIEL T. WARREN,
Plaintiff,
v.
HON. ROWAN D. WILSON, et al.,
Defendants.
24-CV-1027-LJV
ORDER
On October 28, 2024, the pro se plaintiff, Daniel T. Warren, filed a motion for
permission for electronic case filing through the Court’s system (“CM/ECF”). Docket
Item 2. He also has filed a form consenting to electronic service. Docket Item 4. For
the reasons that follow, Warren’s motion is granted.
Local Rule of Civil Procedure 5.1(a) incorporates by reference the Court’s
CM/ECF Administrative Procedures Guide (“the Guide”), which in turn provides the
requirements and procedures for electronic filing. The Guide allows the Court, in its
discretion, to “grant a pro se litigant who demonstrates a willingness and capability to
file documents electronically[] permission to register to do so.” W.D.N.Y. Administrative
Procedures Guide for Electronic Filing, Administrative Procedures (italics added). Such
permission, however, may be “revoked at any time.” Id.
Here, Warren affirms that he has reviewed the Guide and that he understands
that he will no longer receive documents by regular mail. Docket Items 2 and 4. He
also affirms that he “understand[s] the technological requirements necessary to file and
receive documents electronically.” Docket Item 2 at ¶ 4. In fact, he says that he has
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“used the New York State Court [e]lectronic filing system to prosecute a number of state
cases,” including Warren v. Zoning Board of Appeals, Case No. 802201/2023 (Sup. Ct.
Erie Cnty. Feb. 16, 2023), and Warren v. Dickson, Case No. 815817/2023 (Sup. Ct. Erie
Cnty. Dec. 7, 2023). Docket Item 2 at 1. And he says that he has litigated three other
cases in this District as well. Id. at 2.
Warren’s motion therefore is GRANTED. As noted above, permission to file
electronically may be revoked by the Court at any time.
SO ORDERED.
Dated: November 26, 2024
Buffalo, New York
/s/ Lawrence J. Vilardo
LAWRENCE J. VILARDO
UNITED STATES DISTRICT JUDGE
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