Miles Guo Court Documents · Doc 770
The petitioner asks the appeals court to force the district court to upload and review his filings, recognize his rights as a victim, and allow him to proceed without paying fees.
摘要
Pro Se Petition for Writ of Mandamus · Jason Zen
This 40-page document, docketed December 4, 2025 in the Second Circuit (Case No. 25-3046), is a pro se petition for a writ of mandamus filed by Jason Zen in In re: Jason Zen, related to United States v. Kwok et al., 1:23-cr-00118-AT (S.D.N.Y.), together with a motion to proceed in forma pauperis (IFP).
Petitioner's Status
The petitioner self-identifies as a recognized victim under the Crime Victims' Rights Act (CVRA), 18 U.S.C. § 3771, who has previously submitted multiple filings to the SDNY Pro Se Office that he states have not been docketed.
Submission Method
Pursuant to instructions from the Second Circuit Clerk's office (Exhibit H), the petitioner submitted the materials in paper form, mailed timely for review and docketing.
Exhibits Attached
- Exhibit A: PETITION FOR WRIT OF MANDAMUS;
- Exhibit B: Proof of sending paper motions;
- Exhibit C: Motion to Proceed In Forma Pauperis;
- Exhibit D: Form 4 Affidavit with motion to proceed IFP;
- Exhibit E: Explanation of financial hardship;
- Exhibit F: Copy of Emergency Motion to Compel Uploading and Hearing of Third-Party Petitions Under 21 U.S.C. § 853(n), and to Recognize Victim Rights Under 18 U.S.C. § 3771 (CVRA);
- Exhibit G: List of motions not uploaded;
- Exhibit H: Reply email from the Second Circuit;
- Exhibit I: Certificate of Service;
- Exhibit J: MOTION TO SEAL PERSONAL IDENTIFYING INFORMATION.
Relief Sought
The petition asks the Second Circuit to:
- Direct the SDNY to upload and docket all previously submitted filings;
- Recognize the petitioner's rights as a victim under the CVRA;
- Allow the petitioner to proceed in forma pauperis (waiving the $600 filing fee);
- Adjudicate the underlying § 853(n) and CVRA claims.
Legal Theory
The petition argues that docketing is a ministerial duty under Federal Rule of Civil Procedure 5(d)(4) (forbidding the Clerk to refuse filings solely for form), and that the non-docketing of his submissions violates his CVRA rights and Fifth Amendment due process.