Braithwaite v. Rivera
- Laura Swain
- 1:23-cv-11175
- U.S. District Court · Southern District of New York
- 1
In Braithwaite v. Rivera, Judge Swain dismissed the complaint without prejudice because Braithwaite did not submit the required signed signature page.
Amber N. Braithwaite’s complaint was dismissed without prejudice. The order named Norberto Rivera and New York Collateral Recovery Corp. as defendants and denied permission to proceed without paying fees for an appeal.
What happened
In Braithwaite v. Rivera, the court had ordered Amber N. Braithwaite to resubmit her complaint’s signature page with an original signature within 30 days. The order warned that failing to do so would result in dismissal.
Braithwaite did not submit the signed page. The court therefore dismissed the complaint without prejudice, meaning the dismissal does not permanently bar the complaint from being brought again. The court also directed the clerk to enter judgment.
Chief Judge Laura Taylor Swain further ruled that any appeal would not be taken in good faith and denied Braithwaite permission to proceed without paying appeal fees.
The detailed version
- Braithwaite v. Rivera · No. 1:23-cv-11175
- Laura Swain
- May 29, 2024
Background
On April 15, 2024, the court directed Plaintiff Amber N. Braithwaite to resubmit the complaint’s signature page with an original signature within 30 days. The order stated that failure to comply would result in dismissal of the complaint.
Ruling
The court found that Braithwaite had not submitted the signed signature page. Citing Federal Rule of Civil Procedure 11(a), which requires a filing to be signed, the court dismissed the complaint without prejudice. The opinion does not state the claims’ underlying facts or merits.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to proceed without paying filing fees for an appeal. The court also directed the Clerk of Court to enter judgment in the action.
Disposition
The complaint was dismissed without prejudice. The appeal-related fee determination was also made as stated above.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.