Rytlewski v. Gov't of U.S., 20-CV-8543 (LLS)

• Court: United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
• Writing for the Court: LOUIS L. STANTON, United States District Judge
• Parties: ROBERT ALLEN RYTLEWSKI, Plaintiff, v. GOVERNMENT OF THE UNITED STATES, Defendant.
• Docket Number: 20-CV-8543 (LLS)
• Decision Date: 09 November 2020

ROBERT ALLEN RYTLEWSKI, Plaintiff,
v.
GOVERNMENT OF THE UNITED STATES, Defendant.

20-CV-8543 (LLS)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

November 9, 2020

ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION

LOUIS L. STANTON, United States District Judge:

Plaintiff, a resident of Michigan appearing pro se, initiated this action by filing a document titled "Petition Government for the redress of grievance," accompanied by a "Miscellaneous Case Cover Sheet." (ECF Nos. 1-2.) But the Clerk of Court opened this matter as a new civil action rather than a miscellaneous one. On October 22, 2020, Chief Judge Colleen McMahon directed Plaintiff to either pay the full $400.00 filing fee for a civil action or, to request permission to proceed in forma pauperis (IFP), that is, without prepayment of fees, submit a signed IFP application.

On October 22, 2020, Plaintiff submitted a letter asserting that his petition was mischaracterized as a civil rather than a miscellaneous action.¹ (ECF No. 5.) And on October 27, 2020, he submitted a notice and motion stating that as a veteran, he is exempt from paying the filing fees prescribed under 28 U.S.C. § 1914 for a civil action. (ECF No. 6.) This matter was later reassigned to the undersigned.

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After reviewing Plaintiff's submissions, the Court finds that the petition was properly opened as a civil action, and that Plaintiff is not exempt from paying the filing fees.

DISCUSSION

A. Plaintiff's Petition Is Not a Miscellaneous Action

Rule 2 of the Federal Rules of Civil Procedure states that, "[t]here is one form of action - the civil action." See also Fed. R. Civ. P. 3 ("A civil action is commenced by filing a complaint with the court."). Nothing in Plaintiff's submissions suggests any reason to depart from this clear Rule.

Plaintiff argues that his case should have been opened as a miscellaneous action. But that docket is restricted for specified matters that are not civil actions. Instructions on use of the miscellaneous docket are found in the District Court Clerks' Manual, published by the Administrative Office of the United States Courts; the Manual provides instructions to United States District Court clerks nationwide. The Manual states that the Clerk classifies civil matters as either civil or miscellaneous cases depending on the nature of the relief sought in the initiating document. Id. § 3.02. As for when a miscellaneous number should be assigned, the Manual provides, in relevant part:

Miscellaneous numbers are assigned to a variety of matters filed with the court which are not properly considered civil or criminal cases. These matters, however, may be directly or indirectly related to civil or criminal cases pending within the district or another district. In general, miscellaneous actions are used for administrative matters that require resolution through the judicial system.

Id. § 4.03(a)(1). The Manual further lists the following matters for assignment of miscellaneous case numbers: foreign subpoenas, registration of judgment from another district, motion to quash deposition subpoena, motion for protective order, administrative deposition subpoena, application to perpetuate testimony, receiverships, letters rogatory from other districts, warrant for arrest of juror, pen registers, wire interceptions, video interceptions, grand jury matters,

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internal revenue service third party record keeper actions, and proceedings against sureties. Id. § 4.03(a).

Plaintiff fails to demonstrate that the Clerk should have opened his petition as a miscellaneous action. He filed this petition seeking redress from the United States Government for the alleged deprivation of his rights caused by errors in the records of the United States Department...