Hinds v. United States Government
Filing
55
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs Hybrid Pleading Making a Conscientious Effort to Comply with Courts Orders Manifesting an Amended Complaint (ECF No. 44 ) is construed as an amended complaint. IT IS FURTHER ORDERED that Defendant United States Governments Motion to Strike Filings or, in the Alternative, for an Extension of time (ECF No. 51 ) is GRANTED IN PART and DENIED IN PART. Defendant is ordered to file a responsive pleading within sixty (60) days of this O rder. IT IS FURTHER ORDERED that Plaintiffs First Motion to Review, Alter, Amend, or Vacate Orders Pursuant to Plaintiffs Free Exercise of Pure Speech of Religious Beliefs and/or, in the Alternative, For Relief from Orders Pursuant to Fed. R. Civ. P. Rule 60(b)(6) (ECF No. 38 ) is DENIED as moot. IT IS FURTHER ORDERED that the Clerk of the Court will change the Cause listed on the docket sheet to reflect that the matter is brought pursuant to § 1983. IT IS FINALLY ORDERED that the Clerk of Court will mail a blank civil cover sheet and civil nature of suit code descriptions sheet to Plaintiff. Signed by District Judge Audrey G. Fleissig on 07/11/2017. (Attachments: # 1 Attachment)(KCB)
CIVIL COVER SHEET
JS 44 (Rev. 06/ 17)
The JS 44 civil cover sh eet and the information contained herein neith er replace nor supplement the filing and service of pleadings or other papers as required by law, except as
prov ided by local rules of court. This form, approved by the Judicia l Conference of the United States in September 1974, is req uired for the u se of th e Clerk of Court for the
purpose of initiating the c ivi l docket sheet. (SEE INSTR UCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
{b)
DEFENDANTS
County of Residence of First Listed Plaintiff
Co unty of Res idence o f First L isted Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)
(TN U.S. PLAINTIFF CASES ONL Y)
NOTE:
(c)
Attorneys (If Known)
Attorneys (Firm Nam e, Address, and Telephone Number)
II. BASIS OF JURISDICTION (Placean "X"inOneBoxOnlyJ
0 I
0 3
U.S. Government
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an
(For Diversity Cases Only)
PTF
C itizen of This State
0 I
Federal Question
(U.S. Government Not a Party)
Plaintiff
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
"X " in One Box/or Plaintiff
and One Box/or Defendant)
PTF
DEF
Incorporated or Principal Place
0 4
0 4
of Business In This State
DEF
0
0 4
U.S. Government
Defendant
Citizen of Another State
Diversity
(Indicate Citizenship ofParties in Item Ill)
0 2
0
2
Incorporated and Principal Place
of Business In Another State
0 5
0 5
Citizen or Subject of a
Forei n Coun
0 2
0 3
0
3
Foreign Nation
0 6
0 6
erIC k here fior: N ature o fS mt Cd e Descnnt1 ons.
o
IV NATURE OF SUIT (Place an "X" in One Box Only)
CONTRACT
I
0
0
0
0
0
0
0
0
0
0
0
0
TORTS
I I 0 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran's Benefits
160 Stockholders' Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
0
0
0
0
0
0
0
0
0
0
I
0
0
0
0
0
0
REAL PROPERTY
2 10 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Ton Product Liabili ty
290 All Other Real Property
0
0
0
0
0
0
0
FORFEITURE/PENALTY
PERSONAL INJ1JRY
PERSONAL INJURY
310 Airplane
0 365 Personal Inj ury 3 15 Airplane Product
Product Liabi lity
0 367 Health Care/
Liability
320 Assault, Libel &
Pharmaceutical
Slander
Personal Injury
330 Federal Employers'
Product Liability
0 368 Asbestos Personal
Liability
Injury Product
340 Marine
345 Marine Product
Liability
Liability
PERSONAL PROPERTY
350 Motor Vehicle
0 370 Other Fraud
355 Motor Vehicle
0 371 Truth in Lending
Product Liability
0 380 Other Perso nal
360 Other Personal
Property Damage
Injury
385 Property Damage
362 Personal Injury Product Liability
Medical Malpractice
CMLRIGHTS
PRISONER PETITIONS
440 Other C ivi l Rights
Ha beas Corpus:
44 1 Voting
0 463 Alien Detainee
442 Employment
0 510 Motions lo Vacate
443 Housing/
Sentence
Accommodations
0 530 General
445 Amer. w/Oisabi lities - 0 535 Death Penalty
Other:
Empl oyment
446 Amer. w/Oisabilities - 0 540 Mandamus & Other
Other
0 550 Civil Ri ghts
448 Education
0 555 Prison Condition
0 560 Civil Detainee Conditions of
Confinement
0 625 Drug Related Seizure
of Property 2 1 US C 88 I
0 6900ther
BANKRUPTCY
0 422 Appeal 28 USC 158
0 423 Withdrawal
OTHER STATUTES
28 USC 157
PROPERTY RIGHTS
O 820 Copyrights
0 830 Patent
0 835 Patent - Abbreviated
New Drug Application
0
0
0
0
0
0
0 840 Trademark
I.A.DOR
SOCIAL SF.C• •u
0 710 Fair Labor Standards
Act
0 720 Labor/ Manage ment
Relations
0 740 Rai lway Labo r Act
0 75 1 Fan1ily and Medical
y
0 86 1 HIA (1395 ff)
0 862 Black Lung (923)
0 863 DlWC/ DlWW (405(g))
o 864 ssm Title XVI
0 865 RSI (405(g))
Leave Act
0 790 Other Labor Litigation
0 79 1 Employee Retirement
Income Security Act
0
0
0
0
0
0
0
FEDERAL TAX SUITS
0 870 Taxes (U.S. Plaintiff
or Defendant}
0 87 1 IRS- Third Party
26 USC 7609
I
0 375 False Claims Act
0 376 Qui Tam (3 1 USC
0
0
0
lMMIGRA TION
0 462 Naturalization Application
0 465 Other Immigration
Actions
3729(a))
400 State Reapportionment
410 Antitrust
430 Banlcs and Banking
450 Commerce
460 Depon ation
4 70 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
fa change
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Admi nistrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
V. ORIGIN (Placean "X " inOne Box Only)
0 1 Original
0 2 Removed from
Proceeding
0
3
State Court
Remanded from
Appellate Court
0 4 R einstated or
R eop ened
C ite the U.S. Civi l Statute under w h ich yo u are filing (Do
VI. CAUSE OF ACTION
1101
0 5
Transferred from
Another District
(specify)
0 6 Multidistrict
Multidistrict
Litigation Direct File
citejurisdictio11al statutes unless diversity):
t-- n -d e s-crip t-i n _ f c a se - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8 -.e-f - - - o_ o_ - -u- -:
VII. REQUESTED IN
0
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE
CHECK IF THIS IS A CLASS ACTIO
UNDER RUL E 23 , F .R .Cv. P .
CHECK YES only if d emanded in complaint:
JURY DEMAND:
(See instructions):
JUDGE
DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT #
0 8
Litigation Tra n sfer
AMOUNT
APPL YIN G IFP
JUDG E
MAG . JUDGE
0 Yes
ONo
JS 44 Reverse (Rev. 06/17)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by Jaw, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiati ng the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
l.(a)
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title .
County of Residence. For each civi l case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. Ifthere is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331 , where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S .C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section Ill below; NOTE: federal question actions take precedence over diversity
cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V.
Origin. Place an "X" in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use th is for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation - Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation - Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VU.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R. Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a prelimi nary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII.
Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Civil Nature of Suit Code Descriptions
(Rev. 06/17)
Contract
Code
Title
Description
Action alleging breach of insurance contract, tort claim, or other cause
re lat ed to an insurance cont ract, except for maritime insurance
contracts.
Action (Adm iralty or Marit ime) based on service, employment,
insu rance or other contracts relating to maritime vessels and other
maritime contractual matters.
Action based on performan ce and payment bonds agreed to by
contractors on federa l const ruction projects as required under t he
Miller Act, 40 U.S.C. § 3131-3134.
Action relat ing to an agreement to pay a specific amount of money,
including promissory notes, loan agreements and checks .
Action to recover debt owed to the United States, including
enforcement of j udgments, based on overpayment s and restitution
agreements involving matters other than Medicare benefit s, student
loans and veterans' benefits.
110
Insurance
120
Marine
130
Miller Act
140
Negotiable Instrument
150
Recovery of Overpayment & Enforcement
Judgment
151
Medicare
152
Recovery of Defaulted Student Loans
(Excludes Veterans)
Action re lating to Medicare payments, including act ions fo r payments of
benefits, to recover overpayments, and for j udicial review of
adm inistrative decisions.
Action to recover debt owed to the United St ates from defaulted
student loan.
153
Recovery of Overpayment of Veterans'
Benefits
Action relating to payments of veterans' benefits, primarily including
actions to recover overpayments.
160
St ockholders' Suits
190
Other Contract
195
Contract Product Liab ility
196
Actions primarily alleging personal injury
or property damage ca used by a defective
product shou ld be classified under the
appropriate nature of suit code under
"TORTS."
Franchise
Action brought by stockholder(s) of a corporation (includ ing both
stockholder derivative su its and direct actions based on plaintiff' s rights
as a stockholder), usually alleging claims based on contract and/or tort
law and/or fiduciary ob ligations.
Action primarily based on rights and obligations under a contract not
classifiable elsewhere under the specific natures of suit under
"Contract."
Action concerning damages caused by a defective product, not primarily
involving perso nal injury or property damage, and based primarily on
breach of contract, breach of warranty, misrepresentation, and/or
violat ion of consumer protection laws.
Action arising from a dispute over a franchise agreement, typically
alleging breach of contract, misrepresentation or unfair trade practices.
Page 1of8
Civil Nature of Suit Code Descriptions
(Rev. 06/17)
Real Property
Code
Title
Description
210
Land Condemnation
Action by a governmental entity to take privately-owned real property
(land or buildings) for publ ic use for compensation.
220
Foreclosure
Action to enjoin foreclosure on real property by mortgage lende r.
230
Rent Lease & Ejectment
240
Torts to Land
245
Tort Product Liability
Action for renta l or lease payments owed on rea l property and/or to
eject a party occupying real property illegally.
Action alleging trespass to land, nuisance, contamination or other
unlawful entry on or interference with real property possessed by
another.
Action alleging harm by an unsafe product based on negligence, breach
of warranty, misrepresentation, and strict tort liability.
290
All Other Rea l Property
Action primarily based on unlawful conduct relating to real property
that cannot be classified under any other nature of suit.
Torts/Personal Injury
Code
Title
Description
310
Airp lane
(Excludes airplane product liability
claims)
Airplane Product Liability
Action alleging persona l injury or wrongful death from an air crash or
other occurrence involving an airplane.
315
320
330
Assault, Libel & Slander
(Excludes a government employee)
Federal Employers' Liability
Action alleging personal injury or death from an air crash or other
occurrence involving an airplane and caused by a defective product.
Action alleging intentional acts of assault, libel, trade libel or slander by
a private party.
Action for personal injury or wrongful death brought by a ra ilroad
employee or his survivors under the Federal Employers' Liability Act
(FELA), 45 U.S.C. § 51, et. seq .
Action (Adm iralty and Marit ime) alleging persona l injury or death from
an accident involving a water vessel or harbor/dock facilities, including
suits brought under the Jones Act and the Limitation of Liability Act.
Action (Admiralty and Maritime) alleging persona l injury or wrongful
death from an accident involving a water vesse l or harbor/dock
facilities and caused by a defective product.
Action alleging personal injury or wrongful death from negligence
involving a motor vehicle but not caused by a defective product.
340
Marine
(Excludes marine product liability claims)
345
Marine Product Liabi lity
350
Motor Vehicle
355
Motor Vehicle Product Liability
Action alleging personal injury or wrongful death involving a moto r
vehicle and caused by a defective product.
360
Other Personal Injury
362
Personal Injury - Medical Malpractice
Action primarily based on personal injury or death caused by
negligence or intentional misconduct, including su its brought against
the United St ates under the Federal Tort Claims Act, and which cannot
be classified under any other nature of suit.
Action alleging personal injury or wrongful death caused by negligence
in medical care provided by a doctor or other health care professional.
365
Personal Injury - Product Liability
(Excludes a marine or airplane product)
Action all eging personal injury or death resulting from a defective
product.
367
Health Care/Pharmaceutical Personal
Injury Product Liabi lity
Asbestos Personal Injury Product Liabil ity
Action alleging personal injury or death caused by a defective med ical
or pharmaceutica l product.
Action alleging persona l injury or death caused by exposure to asbestos
products .
368
Page 2 of 8
Civil Nature of Suit Code Descriptions
(Rev. 06/17}
Personal Property
Code
Title
Other Fraud
370
(Excludes any property that is not real
property)
Truth in Lending
371
380
Actions relating to fraud or
misrepresentation in the transfer of real
property should be classified under
nature of suit 290, "All Other Real
Property," or, if foreclosure is invo lved,
under nature of suit 220, " Foreclosure."
Other Personal Property Damage
385
Property Damage Product Liabil ity
Description
Action primarily based on fraud relating to personal property that
cannot be classified under any other nature of suit.
Action alleging violation of the federal Truth in Lending Act arising from
consumer loan transactions involving personal property including
automob ile loans and revolving credit accounts.
Action primarily based on damage to personal property caused by
harmful conduct such as negligence, misrepresentation, interference
with business relationships or unfa ir trade practices .
Action alleging damage to personal property caused by a defective
product.
Civil Rights
Code
Title
Description
440
441
Other Civil Rights
(Excludes claims against corrections
officials)
Voting
Action alleging a civil rights violation other than the specific civil rights
categories listed below or a violation related to prison . Example:
Action alleging excessive force by police incident to an arrest.
Action filed under Civil Rights Act, 52 U.S.C. § 10101, and Voting Rights
Act, 52 U.S.C. § 10301
442
Employment
443
Housing/Accommodations
445
446
Americans With Disabil it ies Employment
Americans With Disabil ities - Other
448
Education
Action filed under Age Discrimination in Employment Act 29 :621 :634,
Equal Employment Opportunity Act (Title VII} 42:2000E, Performance
Rating Act of 1950 5:4303
Action filed under the Fair Housing Act (Titl e VII), 42 U.S.C. § 3601 &
3602.
Action of discrimination against an employee with disabilities of any
type in the work place, filed under 42 U.S.C. § 12117
Action of discrimination against an individual with disabilities in areas
other than emp loyme nt, filed under 42 U.S.C. § 12133 (exclusion or
discrimination in provision of services, programs or activities of a public
entity) or 42 U.S.C. § 12188 (public accommodations)
Action filed under the Individuals with Disabi lities Educations Act, 20
U.S.C. § 1401 and Title IX of the Education Amendment of 1972, 20
U.S.C. § 1681 et seq .
Page 3 of 8
Civil Nature of Suit Code Descriptions
(Rev. 06/17)
Prisoner Petitions
Habeas Corpus
Code
Title
Description
463
Alien Detainee
510
Motions t o Vacate Sentence
Immigration habeas petition under 28 U.S.C. § 2241. All cases filed
with this nature of suit code are restricted to case participants and
public term inals. Petition is filed by an ali en detainee.
Action by a prisoner to vacate or modify a sentence imposed in federal
court, other than a death sentence, under 28 U.S.C. § 2255 .
530
General
535
Death Penalty
Action by a federa l or state prisoner currently in custody challenging
the legality of confinement or other pun ishment. Th is includes cla ims
alleging illegalities that occurred in trial (for example, ineffective
assistance of counsel), sentencing (includ ing fines and restitution
orders), or disciplinary proceedings in prison (for example, loss of good
time credits) . Habeas petition under 28 U.S.C. § 2254 or prisoner
habeas under 28 U.S.C. § 2241.
Action by a federal or state prisoner challenging a death sentence.
Ot her
Prisoner Petitions
Code
ntle
Description
540
Mandamus & Other
550
Civil Right s
Action by prisoner currently in custody for a writ of mandamus to
compel action by a judge or government official relating to the
prisoner's confi nement, including conditions of confinement. Th is
category also includes any actions other than mandamus brought by a
prisoner currently in custody, whether or not it relates to his
confinement, if it is not classifiable under any other nature of su it
cat egory under Prisoner Petitions (for example, action by prisoner to
recover property taken by the government in a crimina l case) .
Action by current or former prisoner alleging a civil rights violation by
corrections officials that is not related to a condition of pri son life.
555
Prison Cond it ion
Action by current prisoner, or former prisoner or their fam ilies alleging
a civil rights, Federal Tort Claims Act, or state law claim with respect to
a condition of prison life, whether general circumstances or particular
ep isodes . Examples: inadequate medical care or excessive force by
prison gua rds. Includes non-habeas actions by alien deta inees alleging
unlawful prison conditions .
560
Civil Deta inee - Conditions of
Confinement (Excludes actions by alien
detainees)
Action by former prisoner who was involuntarily committ ed to a noncriminal facil ity after expiration of his or her prison term alleging
unlawful conditions of con fi nement while in the non-criminal fac ility.
Th is category includes, for example, an action by a former prisoner
classified as a Sexually Dangerous Person or Sexually Violent Predator
alleging civil rights vio lations during his detention in a med ical fa cil ity.
Page 4 of 8
Civil Nature of Suit Code Descriptions
(Rev. 06/17)
Forfeiture/Penalty
Code
Title
Description
625
Drug Related Seizure of Property 21
u.s.c. § 881
Action (Forfeiture) by which property itself is accused of wrongdoing
and is forfeited to the government as a result.
690
Other
Action primarily based on Acts or Bills that cannot be classified under
any other nature of suit, such as : Endangered Species Act, Federal
Hazardous Substance Act 15:1261, Game & Wildlife Act 15:256C et seq .
(Penalty), Federal Trade Comm ission Act 15:41-51 (Penalty), Federal
Coal Mine Health & Safety Act 30:801 et seq . (Penalty), Load Line Act
46 :85-85G, McGuire Bill (Federal Fa ir Trade) 15:45L Penalty, Marihuana
Tax Act 50 STAT 551, Motorboat Act 46:526-526T, National Traffic &
Motor Veh icle Safety Act penalty 49 :1655, Veterans' Benefit Act, Title
38 Penalty.
Labor
Code
Title
Description
710
Fa ir Labor
Standards Act (Non-Un ion)
Action relating to non-union workplace related disputes filed under the
Fair Labor Standards Act, 29 U.S.C. § 201 including but not limited to
wage discrimination, paid leave, minimum wage and overtime pay.
720
Labor/Management Relations (Union)
Action relating to disputes between labor unions and employers as well
as all petitions regarding actions of the Nation Labor Relations Board
(NLRB)
740
Railway Labor Act
Action relating to disputes filed under the Railway Labor Act, 45 U.S.C.
§ 151 includ ing labor disputes, individual claims, and response to
sanctions .
751
Family and Medical Leave Act
Action filed under the Family Medical Leave Act, 29 U.S.C. § 2601
790
Other Labor Litigation
Action primarily based on labor disputes not addressed by other NOS
codes (includes Labor/Management Reporting and Disclosure Act)
791
Employee Retirement Income Security
Act
Action filed under the Employee Retirement Income Secu rity Act, 29
U.S.C. § 1132 by individuals and labor organizations.
Immigration
Title
Code
Description
462
Naturalization Application
Action seeking review of denial of an application for naturalization [8
U.S.C. § 1447(b)] or alleging failure to make a determination regarding
an application for naturalization [8 U.S.C. § 1421(c)] .
465
Other Immigration
Actions
Action (Immigration-related) that do not involve Naturalization
Applications or petitions fo r Writ of Habeas Corpus, such as complaints
alleging failure to adjudicate an application to adjust immigration
status to permanent resident.
Page 5 of 8
Civil Nature of Suit Code Descriptions
(Rev.06/17)
Bankruptcy
Code
Title
422
Appeal 28 USC§ 158
423
Withdrawa l of Reference 28 USC§ 157
Property Rights
Code
Title
Description
All appeals of previous bankruptcy decisions filed under
28 u.s.c. § 158
Action held in bankruptcy court requesting withdrawal under the
provisions of 28 U.S.C. § 157
Description
820
Copyright
Action filed in support or to dispute a copyright claim .
830
Patent
Action filed in support or to dispute a patent claim .
835
Patent - Abbreviated New Drug
Application (ANDA)
840
Trademark
Action filed in support or to dispute a patent claim involving an
Abbreviated New Drug Application {ANDA) . These cases are also known
as " Hatch-Waxman" cases .
Action filed in support or to dispute a trademark claim
Social Security
Code
Title
Description
861
HIA (1395ff)
Action filed w ith regard to social security benefits associated with
Health Insurance Part A Medicare
862
Black Lung {923)
Action filed with regard to social security benefits provided for those
who contracted Black Lung or their beneficiaries
863
DIWC/DIWW {405{g))
Action filed w ith regard to social security benefits provided to disabled
individuals : worker or child, or widow
864
SSID Title XVI
865
RSI {405{g))
Action fi led w ith regard to social security benefits provided to
Supplemental Security Income Disability under Title XVI
Action filed with regard to social security benefits provided for
Retirement, Survivor Insurance under 42 U.S.C. § 405
Federal Tax Suits
Code
Title
870
871
Taxes (U .S. Plaintiff or Defendant)
IRS-Third Party 26 USC 7609
Description
Action filed under the Internal Revenue Code (General)
Action filed under the Internal Revenue Code - Tax Reform Act of 1976
{P.L. 94-455) Th ird Party
Page 6 of 8
Civil Nature of Suit Code Descriptions
(Rev. 06/17)
Other Statutes
Code
Title
Description
375
False Claims Act
Action filed by private individuals alleging fraud against the U.S.
Government under 31 U.S.C. § 3729 .
376
Qu i Tam {31 U.S.C. § 3729{a))
400
State Reapportionment
Action brought under the False Claims Act by private persons (also
known as "whistleblowers") on their own behalf and on behalf of the
United States to recover damages against another person or entity that
acted fraudulently in receiving payments or property from, or avoiding
debts owed to, the United States Government, 31 U.S.C. § 3730
Action filed under the Reapportionment Act of 1929 Ch . 28, 46 Stat. 21,
2 U.S.C. § 2a.
410
Antitrust
430
Banks and Banking
450
Commerce
460
Deportation
470
480
Racketeer Influenced and Corrupt
Organizations
Consumer Credit
490
Cable/Satellite TV
850
Securities/Commodities/Exchange
890
Other Statutory Actions
891
Agricultural Acts
893
Environmental Matters
Action brought under the Clayton Act 15 U.S.C. § 12 - 27 alleging
undue restriction of trade and commerce by designated methods that
limit free competition in the market place amongst consumers such as
anti-competitive price discrimi nation, corporate mergers, interlocking
directorates or tying and exclusive dealing contracts .
Action filed under the Federal Home Loan Bank Act 12:1421-1449,
Home Owners Loan Act 12:1461 or Federal Reserve Acts 12:142 et seq.
Action filed under the Interstate Commerce Acts 49 :1 et seq ., 49 :301
Action fi led under the Immigration Acts (Habeas Corpus & Review)
8:1101/18:1546
Racketeer Influenced and Corrupt Organization Act, RICO 18:1961-1968
Action filed under the Fair Credit Reporting Act, 15 U.S.C. 1681n or
15 U.S.C. 16810, and the Fa ir Debt Col lection Practices Act,
15 u.s.c. § 1692k
Action filed involving unauthorized reception of cable/satellite TV
service under 47 U.S.C. § 553 (unauthorized reception of cable/satellite
TV), or 47 U.S.C. § 605 (e)(3) (unauthorized use or publication of a
commu nication)
Action filed under Sma ll Business Investment Act 15:681, Securities
Exchange Act 15:78, Securities Act 15:77, Investment Advisers Act
15:80B(l -21)
Action primarily based on Statutes that cannot be classified under any
other nature of suit, such as : Foreign Agents Registration Act 22 :611621, Klamath Termination Act 25:564-564W-L, Federa l Aid Highway Act
23 :101-142, Federal Corrupt Practices Act 2:241-256, Federal Election
Campaign Act, Highway Safety Act 23 :401 Immigration & Nationality
Act 8:1503, Natural Gas Pipeline Safety Act 49 :1671-1700,
Naturalization Acts 8:1421/18:911, 1015, 1421, et seq ., 3282 or Federal
Aviation Act 49 :1301 et seq .
Action filed under the Federal Crop Insurance Act 7:1501-1550,
Commodity Credit Corporation Act 15:713A-L & 4.
Action filed under Air Pollution Contro l Act 42 :1857-57L, Clean Air Act
42 :1857:57L, Federal Environment Pesticide Control Act, Federal
Insecticide, Fungicide & Rodenticide Act 7:135, Federal Water Pollution
Control Act 33:1151 et seq ., Land & Water Conservation Fund Act
16:4602,460 1-4, Motor Vehicle Air Pollution Control Act 42 :1857F-1-8,
National Environmenta l Policy Act 42 :4321, 4331-35G, 4341-47, River &
Harbor Act penalty 3:401-437, 1251.
Page 7 of 8
Civil Nature of Suit Code Descriptions
(Rev. 06/17)
Other Statutes (Continued)
Code
Title
Description
895
Freedom of Information Act
Action filed under the Freedom of Information Act 5:552.
896
Arbitration
Action involving actions to confirm or modify arbitration awards filed
under Title 9 of the U.S. Code.
899
Administrative Procedure Act/Review or
Appeal of Agency Decision
Action filed under the Adm inistrative Procedures Act, 5 U.S.C. § 701, or
civil actions to review or appeal a federal agency decision.
950
Constitutionality of State Statutes
Action drawing into question the constitutionality of a federal or state
statute filed under (Rule 5.1). Rule 5.1 imp lements 28 U.S.C. §2403 .
Note: The statutes listed above are not all-inclusive, and other statues might be applicable to each nature of suit.
Statutes that are included in the descriptions should be viewed as examp les.
Page 8 of 8
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