Lawtone-Bowles v. Baum
- Louis Stanton
- 1:25-cv-01218
- U.S. District Court · Southern District of New York
- 2
In Lawtone-Bowles v. Baum, Judge Swain ordered Nicole Lawtone-Bowles to sign her complaint, or the action will be dismissed without prejudice.
Nicole Lawtone-Bowles, who is required to sign and return the complaint’s signature page within 30 days to avoid dismissal without prejudice.
What happened
In Lawtone-Bowles v. Baum, Nicole Lawtone-Bowles filed the action without a lawyer, but the complaint she submitted was unsigned. Federal Rule of Civil Procedure 11 requires an unrepresented party to sign a complaint or other court filing.
The court directed Lawtone-Bowles to sign and return the attached signature page within 30 days. The court explained that a handwritten signature is required for documents mailed or delivered in person, while an electronic signature or a typed name preceded by “/s/” may be used for a document emailed to the court.
Judge Swain stated that no summons or answer would issue at that time. If Lawtone-Bowles complies, the Clerk’s Office will process the case; if she does not, the action will be dismissed without prejudice. The court also denied permission to appeal without paying filing fees because it certified that an appeal would not be taken in good faith.
The detailed version
- Lawtone-Bowles v. Baum · No. 1:25-cv-01218
- Louis Stanton
- Feb. 11, 2025
Background
Nicole Lawtone-Bowles brought this action without a lawyer. The complaint she submitted was unsigned. The court cited Rule 11(a) of the Federal Rules of Civil Procedure, which requires an unrepresented party to personally sign a pleading, written motion, or other paper filed with the court.
Order
The court directed Lawtone-Bowles to sign and submit the attached signature page within 30 days of the order. If she submits it by mail or in person, the signature must be handwritten and comply with Rule 11(a). If she emails it to the court’s pro se filing address, she may use an electronic signature or a typed name with “/s/” on the signature line. The signed document must include docket number 25-CV-1218 (LTS).
The court ordered that no summons or answer issue at that time. If Lawtone-Bowles complies, the case will be processed under the Clerk’s Office procedures. If she fails to comply within the allowed time, the action will be dismissed without prejudice, meaning the dismissal would not bar refiling.
Appeal-Filing-Fee Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying the filing fees.
Classification
This is a procedural order. The court addressed the complaint’s missing signature and filing requirements without deciding the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.