UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
IN RE: INMATE ELECTRONIC Standing Order 2021-1
FILING PROGRAM
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The United States District Court for the District of Oregon ("the Court") and the
Oregon Department of Corrections ("ODOC") initiated a program ("E-Filing Program") to
facilitate the electronic filing of prisoner litigation documents with the Court at Snake River
Correctional Institution ("SCRI") and Two Rivers Correctional Institution ("TRCI"). See U.S.
District of Oregon Standing Orders 2019-7 and 2019-12. The E-Filing Program increases
efficiencies in pro se inmate filings and saves costs to unrepresented inmate litigants, the
ODOC, and the Court by reducing expenses for paper, envelopes, copying, postage, and staff
time. This Order renews the TRCI E-Filing Program and sets forth the rules for managing it.
IT IS HEREBY ORDERED:
1. The E-Filing Program includes all prisoner civil rights and habeas corpus cases
brought under 42 U.S.C. § 1983, and 28 U.S.C. §§ 2241, 2254, and 2255.
2. Participation in the E-Filing Program is limited to unrepresented inmate litigants
housed at TRCI. Participation in the E-Filing Program is mandatory for those inmate
litigants.
3. Papers submitted to the Court: Filings submitted by inmate litigants to the
Court include correspondence, complaints, petitions, motions, and briefs (hereafter "filings").
and must be submitted electronically. Exceptions: An inmate litigant may file the following
types of documents by mail: a motion to file a new document under seal, a sealed document
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that is not governed by a protective order, and an in camera submission.
If, after making an electronic filing in a case, an inmate litigant is transferred to an
institution other than SRCI or TRCI, the inmate shall resume submitting all subsequent filings
by mail during the period that the inmate litigant remains assigned to another institution.
4. Papers submitted to opposing parties or counsel: Correspondence and
requests for discovery between an inmate litigant and any defendant or respondent shall not
be submitted electronically but will continue to be exchanged by mail.
5. Service of Process: An inmate may not electronically serve a complaint. The
Court will attempt to seek waiver of service of a complaint on behalf of all inmates
participating in the E-Filing Program. The Court will advise an inmate if waiver of service
cannot be obtained from some or all defendants.
6. Electronic filings will be processed as follows:
a. Inmate Litigant Submission of Filing: The inmate litigant will
provide designated TRCI staff with the original filing. The filing must comply with
the requirements set forth in the "Electronic Filing Requirements for U.S. District
Court," a copy of which shall be posted or distributed with this Order consistent with
ODOC practices. TRCI staff will scan the filing on a digital scanner and will e-mail
the resulting Portable Document Format ("PDF") document file to the Court at an e-
mail address designated by the Court. After the original filing has been scanned and
sent to the Court, TRCI staff will return the original to the inmate. The inmate
litigant is expected to keep the original filing and produce it at a later time, if ordered
to do so by the Court.
b. Docketing: After the Court receives the filing by e-mail, it will
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perform a quality review and docket the filing electronically.
c. Notice of Electronic Filing ("NEF"): When a filing is docketed, an
NEF is issued. The NEF confirms the date of docketing and contains an electronic link
to the filing. The NEF will be transmitted to an e-mail address established by the
Court and ODOC at TRCI. ODOC staff will print and provide copies of the NEF to the
inmate litigant through TRCI's existing mail system. The Court will not issue an NEF
for a document that is not a "filing" in a case (see item 3, above).
d. Defendant/Respondent Submission of Court Filing: After a
defendant or respondent has electronically submitted a filing, TRCI staff will print the
NEF and the filing and provide a copy of both to the inmate litigant through TRCI's
existing mail system. The Oregon Department of Justice (ODOJ) must serve on the
inmate litigant a paper copy of: (1) any document under seal; (2) any filing that, with
its attachments, exceeds 200 pages; and (3) in habeas cases filed pursuant to 28 U.S.C.
§ 2254, the transcript of state court proceedings in accordance with the Court's
Scheduling Order, when the inmate is proceeding pro se at the time the transcript is
due. For filings served on paper, the ODOJ will specify the manner of service in the
certificate of service. TRCI is required to print only the NEF for filings served on
paper to the inmate litigant.
e. Court Orders: When the Court issues an order (or other
communication) directed to the parties, ODOC staff will print and provide the inmate
litigant with copies of the NEF and the Court-issued order (or other communication)
via TRCI's existing mail system. Receipt by the inmate litigant of the NEF with the
Court order (or other communication) constitutes service on the inmate litigant.
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7. The Court will provide scanning equipment and all training necessary for TRCI
staff. The equipment will remain the property of the Court, and the Court will be responsible for
maintenance and replacement of the equipment provided. TRCI will utilize its own paper and
printers and provide court documents to the inmates as required by this process.
The E-Filing Program is authorized through September 30, 2029. The Court or ODOC
may terminate the E-Filing Program at any time. The Court and ODOC will evaluate the E-
Filing Program periodically upon request of either the Court or ODOC to determine whether it
should be continued, terminated, modified, or expanded.
IT IS SO ORDERED. DATED this ____day of __________, 2021.
________________________________________
MARCO A. HERNÁNDEZ
Chief U.S. District Judge
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