West v. Human Resources Administration Department of Social Services/Department…
West v. Human Resources Administration Department of Social Services/Department of Homeless Services
- Laura Swain
- 1:24-cv-03427
- U.S. District Court · Southern District of New York
- 1
In West v. Human Resources Administration, Chief Judge Swain dismissed the complaint without prejudice after Carmen Maria West failed to submit an original signature.
Carmen Maria West's complaint was dismissed without prejudice, and permission to appeal without paying the filing fee was denied.
What happened
Carmen Maria West sued the Human Resources Administration Department of Social Services and the Department of Homeless Services. The court had ordered her to resubmit the signature page of her application to proceed without paying filing fees, with an original signature, within thirty days.
The court said West did not submit the signed page. It therefore dismissed the complaint without prejudice, meaning it could potentially be filed again.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied West permission to proceed without paying the appeal filing fee.
The detailed version
- West v. Human Resources Administration Department of Social Services/Department… · No. 1:24-cv-03427
- Laura Swain
- June 24, 2024
Background
By an order dated May 6, 2024, the court directed Carmen Maria West to resubmit the signature page of her application to proceed without paying the filing fee. The court required an original signature and warned that failing to comply would result in dismissal of the complaint.
Ruling
The court found that West had not submitted the signed signature page. Under Federal Rule of Civil Procedure 11(a), the court dismissed the complaint without prejudice. The opinion does not decide the merits of West's claims against the Human Resources Administration Department of Social Services or the Department of Homeless Services.
The court also 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 the filing fee for an appeal. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.