Thompson v. Sullivan Correctional Facility
- Laura Swain
- 1:24-cv-03720
- U.S. District Court · Southern District of New York
- 1
In Thompson v. Sullivan Correctional Facility, Judge Swain dismissed the complaint without prejudice because Thompson failed to submit an original signature.
Tykhan Thompson’s complaint was dismissed without prejudice for failure to submit the required original signature. The court also denied permission to appeal without paying the filing fees.
What happened
In Thompson v. Sullivan Correctional Facility, the court ordered Tykhan Thompson to resubmit the complaint’s signature page with an original signature within thirty days.
The court had warned that failing to provide the signed page would lead to dismissal. Thompson did not submit it.
Judge Laura Taylor Swain dismissed the complaint without prejudice. The court also denied permission to appeal without paying the filing fees and directed the clerk to enter judgment.
The detailed version
- Thompson v. Sullivan Correctional Facility · No. 1:24-cv-03720
- Laura Swain
- June 27, 2024
Background
The court had previously ordered Tykhan Thompson to resubmit the complaint’s signature page with an original signature within thirty days. The order warned that failure to comply would result in dismissal. Thompson did not submit the signed page.
Ruling
The court dismissed the complaint without prejudice under Federal Rule of Civil Procedure 11(a). A dismissal without prejudice does not bar a later filing. The court did not decide the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fees. The clerk was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.