Gupta v. United States Citizenship and Immigration Services
- James Oetken
- 1:25-cv-00761
- U.S. District Court · Southern District of New York
- 3
In Gupta v. United States Citizenship and Immigration Service, Judge Oetken ordered Ankar Gupta to sign his complaint within 30 days.
Ankar Gupta, the unrepresented plaintiff. The case will be processed if he submits the required signature; otherwise, the action will be dismissed without prejudice.
What happened
Gupta v. United States Citizenship and Immigration Service concerns an unsigned complaint filed by Ankar Gupta, who is representing himself. The court explained that court papers filed by an unrepresented person must be signed.
The court directed Gupta to submit the attached signature page within 30 days. He may use a handwritten signature for mail or in-person filing, or an electronic signature or typed name with "/s/" when submitting by email.
Judge J. Paul Oetken ordered that the case proceed through the Clerk’s Office if Gupta complies. If he does not comply on time, the action will be dismissed without prejudice. The court also denied permission to appeal without prepaying fees.
The detailed version
- Gupta v. United States Citizenship and Immigration Services · No. 1:25-cv-00761
- James Oetken
- Feb. 4, 2025
Background
Ankar Gupta brought the action without a lawyer. The complaint he submitted was unsigned. Federal Rule of Civil Procedure 11(a) requires every pleading, motion, and other court paper filed by an unrepresented party to be signed by that party.
Order
The court directed Gupta to sign and submit the attached signature page within 30 days of the order. A document submitted by mail or in person must contain a handwritten signature that complies with Rule 11(a). If Gupta submits the document by email to ProSe@nysd.uscourts.gov, he may use an electronic signature or a typed name with "/s/ Ankar Gupta" on the signature line. The document must identify docket number 25-CV-761 (JPO).
If Gupta complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed without prejudice, meaning the order does not bar a later filing on that basis.
Appeal and disposition
The court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge J. Paul Oetken did not address the underlying claims in this order; he directed Gupta to correct the missing signature before the case proceeds.
Classification basis
This is a procedural order addressing a filing requirement and the consequences of failing to meet it. It does not decide the merits of Gupta’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.