United States District Court, W.D. Pennsylvania
ORDER ECF NO. 126
MAUREEN P. KELLY UNITED STATES MAGISTRATE JUDGE.
Rowan, Inmate Number BS-7389, ("Plaintiff) is a frequent
litigator in federal court, having filed a total of nine (9)
civil actions (including the present case) in the federal
district courts located within Pennsylvania and at least
fourteen (14) appeals/actions in the United States Court of
Appeals for the Third Circuit. He has recently filed a
"Request for Audit for Production of Documents under
Fed.R.Civ.P. 34" (the "Motion"). ECF No. 126.
For the following reasons, the Motion will be denied.
proceeding pro se and in forma pauperis
("IFP") initiated this civil rights action on
September 16, 2010, when the Clerk's Office received
Plaintiff s filings unaccompanied by either a filing fee or a
motion for leave to proceed IFP. After receiving Plaintiffs
motion for IFP, and after it was granted,  the Clerk's
Office formally docketed Plaintiffs document entitled
"Mandatory Injunction" as the "Complaint"
on November 4, 2010 ("the Complaint"). ECF No. 6.
The undersigned issued a Report and Recommendation on
September 9, 2011, recommending that the civil action be
dismissed without prejudice because Plaintiff had failed to
exhaust his administrative remedies prior to filing the civil
action. ECF No. 35. Following consideration of Plaintiffs
objections, ECF No. 38, District Judge Nora Barry Fisher
adopted the Report and Recommendation and dismissed the civil
action. ECF No. 40. Thereafter, Plaintiff appealed to the
United States Court of Appeals for the Third Circuit, which
granted him leave to appeal IFP in November, 2011. ECF No.
September 18, 2019, Plaintiff filed the instant Motion,
seeking an audit. ECF No. 126. In the Motion, Plaintiff
complains that he has been paying on his appellate filing fee
debt for over 8 years. Plaintiff also asserts that he has
been paying on said debt fore [sic] 'over'
eight (8) years... therefore, calling Audit. 3. Plaintiff
avers he's no 'math-genius,' however he
knows' it doesn't take eight (8) year's
[sic] to pay $ 504.46. debt." ECF No. 126
¶¶ 2 - 3.
review of the docket of this Court reveals that starting on
October 4, 2012, partial payments made toward the appellate
filing fee in the amount of $455.00 began to be deducted from
Plaintiffs inmate account and applied toward the appellate
filing fee. ECF No. 47. The docket reveals that partial
payments have been made since that time. ECF Nos. 48 - 124.
The most recent payment of $60.00 was received on August 9,
2019. ECF No. 125. The receipt for the most recent payment
shows a balance owing for the appellate filing fee of $39.46.
(A copy, of the receipt is attached.) As such, contrary to
Plaintiffs allegation in the Motion, he has not I been paying
his appellate filing fee for over 8 years but, in reality,
only about 7 years, Le., since October 4, 2012.
pending Motion will be denied for the reasons that follow.
Federal Rule of Civil Procedure 34, upon which Plaintiff
relies, is a Rule that relates to discovery in civil cases.
This case was dismissed prior to the discovery stage. Simply
put, Rule 34 does not apply and does not afford Plaintiff a
right to a post-appeal audit.
Petitioner's unsupported assertion that it does not take
eight years to pay the total appellate filing fee is contrary
to the docket entries, documenting payments between October
4, 2012 and August 9, 2019. (Plaintiff is being provided
herewith, the docket of his case which lists the deductions
made over the past 7 years as well as the receipt for the
most recent payment received.) If in reviewing those
documents, he discovers a specific error, he may file a
Motion for Refund or Correction of said error but the Court
will not engage in such an exercise on Plaintiffs behalf.
reasons set forth herein, the Motion for Audit, ECF No. 126,
is DENIED without prejudice to filing a
renewed motion detailing any specific error Plaintiff
the Clerk is ORDERED to note the change of
Plaintiff s address as found on the return address of his
envelope in which he mailed the Motion and which indicates
Plaintiff is now in SCI-Albion. The Clerk's Office should
change Plaintiffs address on the docket accordingly.
accordance with the Magistrate Judges Act, 28 U.S.C. §
636(b)(1), and Rule 72.C.2 of the Local Rules of Court, the
parties are allowed fourteen (14) days from the date of this
Order to file an appeal to the District Judge which includes
the basis for objection to this Order. Any appeal is to be
submitted to the Clerk of Court, United States District
Court, 700 Grant Street, Room 3110, Pittsburgh, PA 15219.
Failure to file a timely appeal will constitute a waiver of
any appellate rights.
 The case was originally
assigned/referred to then Magistrate Judge Susan Paradise
Baxter. ECF No. 2. Subsequently, the case was referred to the
undersigned. The Order granting IFP curiously does not appear
to have been sent to the Pennsylvania Department of
Corrections officials directing them to deduct the filing fee
for this civil action. See ECF No. 5. Nonetheless, it appears
that a partial filing fee of $ 0.92 cents was paid for this
civil action. ECF No. 44 on June 6, 2012. ...