Rytlewski v. Government of The United States
- Louis Stanton
- 1:20-cv-08543
- U.S. District Court · Southern District of New York
- 6
In Rytlewski v. Government, Judge Stanton ruled the petition was a civil action and denied veteran-based fee relief, while allowing a new fee-waiver application.
Robert Allen Rytlewski was required to treat the matter as a civil action and, within thirty days, either pay the $400 filing fee or submit an application to proceed without prepaying fees. The order did not resolve his underlying allegations against the Government of The United States.
What happened
In Rytlewski v. Government of The United States, Robert Allen Rytlewski filed a petition seeking redress for alleged errors in United States Department of Defense records. He argued that the matter should have been opened as a miscellaneous case rather than a civil action.
Rytlewski also argued that his veteran status exempted him from paying the civil filing fees. The court explained that miscellaneous cases are generally used for specified administrative or related proceedings, and that the petition did not fit those categories. The court also concluded that veteran status alone did not create an exemption from the fees in this case.
Judge Louis L. Stanton ruled that the petition was properly opened as a civil action and denied Rytlewski’s request to proceed without prepaying fees. The denial was without prejudice to submitting the court’s fee-waiver application. Rytlewski had thirty days either to pay $400 or submit that application; otherwise, the action would be dismissed.
The detailed version
- Rytlewski v. Government of The United States · No. 1:20-cv-08543
- Louis Stanton
- Nov. 9, 2020
Background
Robert Allen Rytlewski, appearing without a lawyer, began the case by filing a document titled “Petition Government for the redress of grievance.” The Clerk of Court opened it as a new civil action. Chief Judge Colleen McMahon then directed Rytlewski either to pay the $400 civil filing fee or submit a signed application to proceed without prepaying fees, commonly called an IFP application.
Rytlewski argued that his petition had been misclassified as a civil action and should have been opened as a miscellaneous case. He also argued that he was exempt from filing fees because he is a veteran, relying on a rule of the United States Supreme Court and submitting a Department of Veterans Affairs card.
Miscellaneous-case argument
The court held that the petition was properly opened as a civil action. The Federal Rules of Civil Procedure provide that there is one form of action—the civil action—and that a civil action begins when a complaint is filed.
The court explained that the miscellaneous docket is generally used for administrative matters that are not civil or criminal cases, such as foreign subpoenas, judgment registrations, protective-order motions, receiverships, and certain other listed proceedings. Rytlewski’s petition sought redress from the United States Government for alleged errors in Department of Defense records. It was not related to a pending case or proceeding and did not fit the listed categories of miscellaneous matters.
Filing-fee issue
The court stated that a person starting a civil action generally must pay $400 in fees, consisting of a $350 filing fee and a $50 administrative fee, or submit an IFP application showing that the person cannot afford to prepay the fees.
The court rejected Rytlewski’s argument that veteran status alone exempted him from these fees. It noted that Congress has created fee exemptions for certain types of cases, including suits by seamen, certain review of courts-martial, and employment-discrimination cases under the Uniformed Services Employment and Reemployment Rights Act. The court found that Rytlewski was not bringing one of those types of cases. It also held that the Supreme Court rule he cited applies to practice in the Supreme Court, not federal district courts, and that the military statute he cited did not exempt veterans from the district-court filing fee.
Ruling and required next step
Judge Louis L. Stanton denied Rytlewski’s motion to proceed without prepayment of fees, without prejudice to applying again with the court’s form IFP application. Within thirty days of the order, Rytlewski was required either to pay the $400 fee or submit the application. The order stated that if he failed to comply within that time, the action would be dismissed. The court did not decide the underlying allegations about the Department of Defense records.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.