Bahamundi v. Curtin
- Laura Swain
- 1:25-cv-00411
- U.S. District Court · Southern District of New York
- 2
In Bahamundi v. Curti, Judge Swain ordered Gilbert Bahamundi to sign his complaint within 30 days or face dismissal without prejudice.
Gilbert Bahamundi and the processing of his case; the order requires him to sign the complaint within 30 days and states that the action will be dismissed without prejudice if he does not comply.
What happened
In Bahamundi v. Curti, Gilbert Bahamundi filed the case without a lawyer, but his complaint was unsigned. The court said an unrepresented party must personally sign court filings.
Judge Swain ordered Bahamundi to return a signature page within 30 days. The court explained that he could use a handwritten signature when filing by mail or in person, or an electronic signature or a typed name preceded by “/s/” when filing by email.
The court issued an order directing the signature and said no summons or answer would issue yet. If Bahamundi complies, the Clerk’s Office will process the case; if he does not, the action will be dismissed without prejudice. Judge Laura Taylor Swain also denied permission to appeal without paying the filing fee.
The detailed version
- Bahamundi v. Curtin · No. 1:25-cv-00411
- Laura Swain
- Mar. 6, 2025
Background
Gilbert Bahamundi brought this action without a lawyer. The complaint he submitted did not contain a signature.
Signature requirement
The court cited Rule 11(a) of the Federal Rules of Civil Procedure, which requires an unrepresented party to personally sign a pleading, motion, or other court paper. The court directed Bahamundi to sign and submit the attached signature page within 30 days of the order.
The court stated that a document returned by mail or delivered in person must have a handwritten signature. If submitted by email to the court’s pro se email address, Bahamundi may instead use an electronic signature or a typed name preceded by “/s/,” such as “/s/ Gilbert Bahamundi.” The signed document must include docket number 25-CV-411 (LTS).
Effect on the case
The court ordered that no summons or answer issue at that time. If Bahamundi complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the permitted time, the action will be dismissed without prejudice.
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 appeal without paying the filing fee.
Disposition
The court issued an order directing Bahamundi to provide the required signature. It did not decide the underlying claims. The case would be dismissed without prejudice only if Bahamundi failed to comply with the signature directive.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.