Handsome Debonair Guy v. Family Dollar Store Owner

Background

The plaintiff, proceeding without a lawyer and using the name “Handsome Debonair Guy,” filed an action alleging that employees at a Family Dollar Store in Peekskill, New York, accused him of shoplifting and assaulted him. The court treated his filings as including a request to proceed anonymously.

Anonymity

Federal Rule of Civil Procedure 10(a) generally requires a complaint’s title to identify all parties. Courts may allow a party to use a pseudonym in limited circumstances, but the plaintiff had not formally requested permission or explained why anonymity should be allowed.

The court ordered that, if the plaintiff wanted to proceed anonymously, he had to file a document titled “Motion to Proceed Anonymously.” The motion had to include his real name, address, and signature and explain why the court should permit anonymity. Regardless of whether he filed that motion, he had to submit an amended complaint bearing his real name and signature to comply with Rule 10(a). If the court granted permission to proceed anonymously, the plaintiff’s identity would not be disclosed and documents identifying him would have restricted access.

Filing fees or application to proceed without prepaying fees

The court explained that a civil action requires either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or a signed application to proceed without prepaying fees. The plaintiff filed the complaint without paying the fees, and his application used only the pseudonym “Handsome Debonair Guy.”

Within 30 days, the plaintiff had to either pay the $402 or submit the attached application using his real name, address, and signature. If the court granted that application, he could proceed without paying the fees in advance.

Order and effect

The court directed the plaintiff within 30 days to file an amended complaint with his real name, signature, and address and to pay the fees or submit a corrected application to proceed without prepaying them. If he wanted to proceed anonymously, he also had to file the specified anonymity motion within that period. No summons would issue at that time. If he failed to comply, the action would be dismissed without prejudice, meaning the order did not bar refiling.

Judge Swain also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.