(a) Filing Complaints. A pro se plaintiff who is filing an action based on social security,
employment discrimination, or non-prisoner or prisoner civil rights claims, should file the
complaint on the Court’s standard form for that type of action, available on the Court’s
website, http://www.nywd.uscourts.gov, or in the Clerk’s Office. A complaint that is not
filed on the appropriate Court form may be returned to the plaintiff for refiling on the
proper form, if a Judge so directs.
(b) Filing Habeas Petitions. Habeas corpus petitions under 28 U.S.C. §§ 2241, 2254 and
2255 should be filed on the applicable petition form, available on the Court’s website,
http://www.nywd.uscourts.gov, or in the Clerk’s Office. Section 2255 cases are to be
filed without charge. A petition that is not filed on the appropriate Court form may be
returned to the petitioner for refiling on the proper form, if a Judge so directs.
(c) In Forma Pauperis Applications. An indigent pro se litigant may seek in forma pauperis
status to file their action without payment of the filing fee. To do so, the litigant must
complete the in forma pauperis motion and affirmation form available on the Court’s
website, http://www.nywd.uscourts.gov, or in the Clerk’s Office, and file it along with
the complaint or petition. The case will be given a civil docket number and the in forma
pauperis motion will be submitted to a Judge. If the Judge denies in forma pauperis status,
the litigant will be notified by written order that the case will be dismissed, without
prejudice, unless he or she pays the filing fee by the date specified in the order.
(d) Service. A party appearing pro se must furnish the Court with a current address at which
papers may be served on the litigant. The Court will assume that the litigant has received
papers sent to the address they provide. The Court must have a current address at all
times. Thus, a pro se litigant must inform the Court immediately, in writing, of any change
of address. Failure to do so may result in dismissal of the case, with prejudice.
(e) Case Assignment. The Clerk of Court shall, upon filing, randomly assign each pro se case
to a District Judge. All cases filed by a pro se plaintiff/petitioner shall be assigned to the
same District Judge and Magistrate Judge to whom the last case previously filed by the
same plaintiff/petitioner had been assigned. This Rule does not apply to newly filed cases
wherein prior cases filed by the same pro se plaintiff/petitioner were assigned to a Senior
Judge who has since declined to accept additional pro se cases.
(f) Filing Discovery Materials. Notwithstanding the provisions of Fed. R. Civ. P. 5(d)(1),
all discovery materials in cases with incarcerated pro se litigants shall be filed with the
Court.
(1) “Discovery materials” include:
(A) initial or mandatory disclosures by Fed. R. Civ. P. 26(a)(1) or an order of
the Court;
(B) disclosure of the identity of an expert witness and the expert’s report as set
forth in Fed. R. Civ. P. 26(a)(2)(A)-(B);
(C) notices of deposition by oral and written examination and transcripts of
said examinations as set forth in Fed. R. Civ. P. 30-31;
(D) interrogatories and responses to interrogatories as set forth in Fed. R. Civ.
P. 33, including all documents produced in response to an interrogatory;
(E) requests for production of documents and tangible things or entry upon
land for inspection, and responses to said requests for production of
documents, tangible things or entry upon land for inspection, including the
documents or “electronically stored information” produced in response to
said requests for production of documents and tangible things, as set forth
in Fed. R. Civ. P. 34;
(F) a copy of the examiner report(s) as set forth in Fed. R. Civ. P. 35;
(G) requests for admissions and responses to requests for admissions as set forth
in Fed. R. Civ. P. 36; and
(H) all other discovery as ordered by the Court.
(2) Subpoenas served under Fed. R. Civ. P. 45 and objections to a subpoena should
not be filed unless they are filed as exhibits to a motion. However, discovery
materials produced pursuant to a subpoena should be filed.
(3) Discovery materials, as defined above, will automatically be restricted to Court
staff and parties in the action.
(g) Motions or Papers in Multiple Cases. Where a pro se litigant has more than one (1) action
pending, any motion or other papers purporting to relate to more than one (1) action will
not be accepted for filing, except upon a finding of good cause. A motion or other papers
shall be directed to the issues raised in one (1) action only, and shall be filed only in that
action.
(h) Briefing Schedules. After a motion is filed and served in a pro se case, the Court will issue
an order setting deadlines for filing and service of opposing papers, and for filing and
service of reply papers if the moving party has stated an intent to reply. Oral argument
will be scheduled solely at the discretion of the Court.
(i) General Requirements. All pro se litigants shall become familiar with, follow, and comply
with the Federal Rules of Civil Procedure and the Local Rules of Civil Procedure,
including those rules with special provisions for pro se litigants such as Loc. R. Civ. P. 1.3,
5.2, 5.5, 11, 16 and 54. Failure to comply with the Federal Rules of Civil Procedure and
Local Rules of Civil Procedure may result in the dismissal of the case, with prejudice.
