Maina v. Pauli
- Laura Swain
- 1:25-cv-00218
- U.S. District Court · Southern District of New York
- 3
In Maina v. Pauli, Judge Swain ordered Michelle Maina to submit an original signature within 30 days or face dismissal.
Michelle Maina must provide an original signature for her complaint within 30 days to avoid dismissal of the action. The case against C.O. Brian Pauli will not be processed further, and no summons will issue, unless she complies.
What happened
In Maina v. Pauli, Michelle Maina filed a complaint without a handwritten signature and was representing herself. The court explained that federal and local rules require an unrepresented party to sign court filings personally.
The court ordered Maina to resubmit the complaint’s signature page with an original signature within 30 days. No summons will issue for now, and the case will proceed through the Clerk’s Office if she complies.
If Maina does not comply on time, the action will be dismissed. Judge Laura Taylor Swain also denied fee-waiver status for an appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Maina v. Pauli · No. 1:25-cv-00218
- Laura Swain
- Jan. 22, 2025
Background
Michelle Maina brought this action without a lawyer. The complaint submitted to the court did not include her signature.
Court’s Analysis
Federal Rule of Civil Procedure 11(a) and Local Civil Rule 11.1(a) require a court filing to be signed by an attorney or, when a party is unrepresented, by that party personally. The court stated that this requirement means a handwritten name or a mark placed by hand.
Order
The court directed Maina to resubmit the complaint’s signature page with an original signature within 30 days of the order. No summons will issue at this time. If Maina complies, the Clerk’s Office will process the case under its usual procedures. If she does not comply within the allowed time, the action 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 and denied status allowing an appeal without prepaying fees. The order did not decide the underlying claims against C.O. Brian Pauli.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.