Wilson v. John Doe
- Nelson Roman
- 7:25-cv-00920
- U.S. District Court · Southern District of New York
- 2
In Wilson v. John Doe, Chief Judge Swain ordered Wilson to sign his incomplete fee-waiver application within 30 days or face dismissal.
Christopher Wilson and the processing of his action; the order also affects any appeal from it by denying fee-waiver status.
What happened
In Christopher Wilson v. John Doe, Wilson, who is representing himself, submitted an application to proceed without paying court fees, but the application was incomplete and unsigned.
The court ordered Wilson to complete and personally sign the application’s second page within 30 days. No summons will issue yet. If Wilson complies, the Clerk’s Office will process the case; if he does not, the court will dismiss the action. The court also denied fee-waiver status for any appeal from this order.
Chief United States District Judge Laura Taylor Swain issued the order on February 12, 2025. The order did not decide the underlying claims against the defendants.
The detailed version
- Wilson v. John Doe · No. 7:25-cv-00920
- Nelson Roman
- Feb. 12, 2025
Background
Christopher Wilson brought this action without a lawyer. He submitted an application to proceed without prepaying court fees, commonly called an application to proceed in forma pauperis, but the application was incomplete and lacked his signature.
Court’s Order
The court relied on Rule 11(a) of the Federal Rules of Civil Procedure, which requires an unrepresented party to personally sign a pleading, motion, or other paper. The court directed Wilson to complete and sign the second page of his fee application and submit it within 30 days after the order’s date. The court attached a copy of that signature page.
The court ordered that no summons issue at that time. If Wilson complies, the Clerk’s Office will process the action under its procedures. If he fails to comply within the allowed time, the court stated that it will dismiss the action.
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 permission to proceed without prepaying fees for purposes of an appeal.
Disposition and Scope
This is a procedural order about Wilson’s incomplete fee application and signature. It does not decide the merits of his claims against John Doe or the other defendants. The order was signed by Laura Taylor Swain, Chief United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.