Miles Guo Court Documents · Doc 813
法庭文件 · 17 页 · United States District Court · S.D.N.Y.
pro se mandamusDX petitionerSection 853(n)Rule 60(d)(3)clerk docketingsealed identityFRAP 21Second Circuit Case 26-563
Mar 11,2026, A third party (DX) asks the Second Circuit to issue a writ of mandamus requiring the SDNY clerk to docket two filings—a §853(n) third-party petition and a Rule 60(d)(3) motion—that were submitted but never entered on the district court docket.
摘要
Pro Se Petition for Writ of Mandamus · "DX"
This 17-page document, docketed March 11, 2026 (Second Circuit Case No. 26-563), is a pro se petition for a writ of mandamus filed by petitioner identified as "DX" in In re: DX, related to United States v. Kwok, et al., 1:23-cr-00118-AT (S.D.N.Y.). The petitioner proceeds pro se and seeks an order directing the SDNY Clerk to docket previously submitted filings.
Motion Information Statement
The attached Form T-1080 (Motion Information Statement) reports:
- Motion for: Petition for Writ of Mandamus to Compel Ministerial Docketing (FRAP 21);
- Relief sought: An order directing the Clerk of the United States District Court for the Southern District of New York to docket previously submitted filings;
- Caption: In re: DX, Petitioner;
- Moving party: DX (Pro Se);
- Opposing party: United States District Court, Southern District of New York;
- Identity and contact information: filed under seal;
- Opposing counsel: Ryan Finkel, Assistant United States Attorney; Jacob K. Javits Federal Building, 26 Federal Plaza, New York, NY 10278; ryan.finkel@usdoj.gov; +1 212-637-6612;
- Court appealed from: United States District Court, Southern District of New York, Hon. Analisa Torres, U.S. District Judge;
- Movant notified opposing counsel per Local Rule 27.1: Yes;
- Opposing counsel's position: "Don't Know";
- Emergency motion: No;
- Oral argument requested: No.
Public Version of the Petition
The filing's public version omits the petitioner's personally identifying information. Two filings are at issue:
- A 21 U.S.C. § 853(n) third-party petition asserting a property interest in assets subject to the Preliminary Order of Forfeiture;
- A Federal Rule of Civil Procedure 60(d)(3) motion raising fraud-on-the-court allegations connected to the criminal forfeiture proceedings.
Relief Sought
The petition asks the Second Circuit to issue a writ of mandamus directing the SDNY Clerk to docket the two previously submitted filings on the public ECF docket. The petition characterizes the docketing function as a ministerial duty.
Legal Argument
The petition argues:
- The SDNY Clerk's continued failure to docket the petitioner's filings deprives the petitioner of the statutorily required ancillary proceeding under § 853(n);
- The non-docketing undermines the integrity of the public record;
- It forecloses appellate review of any implicit denial;
- No other adequate remedy exists; mandamus is the only remaining vehicle to compel the ministerial act.
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