Miranda v. York Hill Housing, Inc.
- Laura Swain
- 1:24-cv-09792
- U.S. District Court · Southern District of New York
- 3
Miranda v. York Hill Housing, Judge Swain ordered Evelyn Perez to submit an original complaint signature within 30 days or face dismissal of her claims.
Evelyn Perez is required to provide the complaint’s original signature within 30 days. Evan Miranda and Evelyn Perez are affected by the order’s requirement that each plaintiff sign the complaint, and the case will not proceed to summons issuance unless the signature requirement is satisfied.
What happened
In Miranda v. York Hill Housing, Inc., the plaintiffs brought the action without lawyers, and Evelyn Perez submitted the complaint without her original signature.
The court ordered Perez to provide her original signature on a complaint signature page within 30 days. No summons will issue yet; if she complies, the case will be processed, but if she does not, her claims will be dismissed.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Miranda v. York Hill Housing, Inc. · No. 1:24-cv-09792
- Laura Swain
- Jan. 8, 2025
Background
Evan Miranda and Evelyn Perez brought this action without lawyers against York Hill Housing, Inc. and other defendants. The opinion states that Perez submitted the complaint without her original signature.
Applicable rule
Federal Rule of Civil Procedure 11(a), together with the applicable local rule, requires an unrepresented party to personally sign a pleading. The court explained that this requirement calls for a handwritten signature or a handwritten mark.
Court’s order
The court directed Evelyn Perez to provide her original signature on a signature page of the complaint within 30 days of the order. The court stated that no summons would issue at that time. If Perez complies, the Clerk’s Office will process the case under its procedures. If she fails to comply within the allowed period, her claims will be dismissed.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied status allowing an appeal without prepaying the required fees.
Effect
This order addressed a filing requirement and did not decide the underlying claims. The attached certification and warnings state that each plaintiff must sign and date the complaint and that each plaintiff seeking to proceed without prepaying filing fees must submit an application for that status.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.