Summary
holding that, as defined by the District Clerks' Manual, a miscellaneous case is an ancillary proceeding that is directly or indirectly related to a civil or criminal case
Summary of this case from Rytlewski v. Gov't of U.S.Opinion
No. 3:20-mc-00010
04-20-2020
Frank RODRICK, Plaintiff, v. Tim KAUFFMAN, et al., Defendants.
Frank Rodrick, Arvada, CO, pro se.
Frank Rodrick, Arvada, CO, pro se.
ORDER
WAVERLY D. CRENSHAW, JR., CHIEF UNITED STATES DISTRICT JUDGE
On April 16, 2020, Frank Rodrick, proceeding pro se, filed a Motion to Confirm Arbitration Award (Doc. No. 1). Mr. Rodrick paid the $47.00 miscellaneous filing fee and insists that a miscellaneous case number should be assigned to this matter, even though the Clerk denied his request twice and informed him that his motion should be assigned a civil case number. The Clerk is correct.
The District Court Miscellaneous Fee Schedule, which was issued in accordance with 28 U.S.C. § 1914, sets forth a $400.00 fee for filing a civil action (a statutory $350.00 filing fee plus a $50.00 administrative fee) and a $47.00 filing fee for "any document not related to a pending case or proceeding." To determine whether a case qualifies as a miscellaneous action, the District Court Clerks' Manual provides, in relevant part:
This Court's fee schedule is available electronically at https://www.tnmd.uscourts.gov/fees. The District Court Miscellaneous Fee Schedule is available electronically at https://www.uscourts.gov/services-forms/fees/district-court-miscellaneous-fee-schedule.
When to Use a Miscellaneous Number
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.
Administrative Office of the United States Courts, District Clerks' Manual, Case Opening, § 4.03(a)(1) (emphasis added). The District Court Clerks' Manual further provides that "[a] miscellaneous number is assigned to ancillary and supplementary proceedings not defined as civil actions," and lists the following matters that are assigned 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, internal revenue service third party record keeper actions, and proceedings against sureties. Id. What these matters have in common is that each facilitates another ongoing judicial proceeding and thus serves an administrative function. However, Mr. Rodrick's motion neither appears to be related to any pending case or proceeding nor falls within the list of miscellaneous matters set forth above.
The District Clerks' Manual is published by the Administrative Office of the United States Courts and was made available by the Clerk of this Court.
A motion to confirm an arbitration award is not entitled to a miscellaneous case number. This is because "a motion to vacate or confirm an arbitration award in a post-arbitration proceeding is arguably analogous to a complaint or a counterclaim in a civil case...." See McClelland v. Azrilyan, 31 F. Supp. 2d 707, 711 (W.D. Mo. 1998). Moreover, Mr. Rodrick's request for a court order "confirm[ing] an arbitration award ... which exceeds $75,000.00," (Doc. No. 1 at 1), is not a mere administrative matter. His motion starts a new judicial proceeding and has no connection to an on-going judicial proceeding. Thus, Mr. Rodrick should have paid the $400.00 filing fee for a new civil case or submitted an application to proceed in forma pauperis . Mr. Rodrick cannot circumvent the required fees set forth in 28 U.S.C. § 1914 by filing his "Motion to Confirm Arbitration Award" under a miscellaneous case matter number. See Lucas v. Home Depot, No. 15-mc-50513, 2016 WL 6995737, at *1 (E.D. Mich. Nov. 30, 2016) ; see also Yohn v. Ohio, Case No. 2:19-cv-287, 2019 WL 2082392, at *2 (S.D. Ohio. May 13, 2019). Although the Court acknowledges that Plaintiff is proceeding pro se, that does not excuse him from complying with basic procedural requirements. See McNeil v. United States, 508 U.S. 106, 113, 113 S.Ct. 1980, 124 L.Ed.2d 21 (1993) (noting that the Supreme Court has "never suggested that procedural rules in ordinary civil litigation should be interpreted so as to excuse mistakes by those who proceed without counsel").
Accordingly, the Clerk shall assign the above-captioned action a civil case number and terminate the above-captioned miscellaneous action. All future pleadings shall be filed in the new civil case. The Clerk shall also return Mr. Rodrick's $47.00 filing fee. If he intends to pursue this action, he shall either pay the requisite $400.00 filing fee or submit an application to proceed in forma pauperis within thirty (30) days of the date of this Order. Mr. Rodrick is cautioned that failure to comply with this Order will result in dismissal of this action for failure to prosecute.
IT IS SO ORDERED.