Pittman v. Clarke
- Laura Swain
- 1:24-cv-04279
- U.S. District Court · Southern District of New York
- 2
In Pittman v. Clarke, Judge Swain required unsigned filings to be signed within 30 days or face dismissal without prejudice.
The order directly affects pro se plaintiff Nadira A. Pittman by requiring her to sign and return specified documents within 30 days. It also delays issuance of a summons and provides that the action will be dismissed without prejudice if she does not comply.
What happened
In Pittman v. Clarke, Nadira A. Pittman filed the case without a lawyer, but her complaint and application to proceed without paying filing fees were unsigned.
The court ordered Pittman to sign and return a certification form and the signature page of her application within 30 days. It also said that no summons would issue at that time.
If Pittman does not comply, the action will be dismissed without prejudice; the court also denied fee-free status for any appeal. Chief Judge Laura Taylor Swain issued the order.
The detailed version
- Pittman v. Clarke · No. 1:24-cv-04279
- Laura Swain
- June 10, 2024
Background
Nadira A. Pittman brought this action without a lawyer against Jason Clarke and Jeffrey Roy. The complaint and Pittman’s application to proceed without prepaying filing fees were unsigned.
Court’s order
The court cited Rule 11(a) of the Federal Rules of Civil Procedure, which requires an unrepresented party to sign pleadings, motions, and other papers personally. The court directed Pittman to sign and submit the attached “Plaintiff’s Certification and Warnings” form and the signature page of the application within 30 days of the order.
For documents returned by mail or in person, the court required a handwritten signature. For documents submitted by email to ProSe@nysd.uscourts.gov, the court permitted an electronic signature or a typed name with “/s/,” such as “/s/ Nadira A. Pittman.” The documents also had to identify docket number 24-CV-4279 (LTS).
Effect of the order
No summons would issue at that time. If Pittman complied, the Clerk’s Office would process the case under its procedures. If she failed to comply within the allowed time, the action would be dismissed without prejudice, meaning the order did not bar refiling. The court also certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.