Opinion
CRIMINAL ACTION NUMBER 99-39-RET-SCR.
September 18, 2008
ORDER
Terrence Brown filed a Complaint for Correction of Agency Record(s) Pursuant [to the] Provision of the Privacy Act, 5 U.S.C. § 552a. Record document number 75.
The Privacy Act permits an individual to bring a civil action against a government agency subject to the act. 5 U.S.C. § 552a(g)(1). Plaintiff named the Bureau of Prisons as the defendant in his complaint. Rather than filing the plaintiff's complaint as a civil action, the Clerk of Court filed the complaint in Brown's criminal suit record. It is apparent that the plaintiff intended to bring a civil action pursuant to the Privacy Act.
Therefore;
IT IS ORDERED that the Clerk of Court shall strike the pleading, record docket number 75, from CR 99-39-RET-SCR.
IT IS FURTHER ORDERED that the Clerk of Court shall docket Brown's complaint as a separate civil action and assign it to the same district judge and magistrate judge assigned to his criminal case.