Bahamundi v. Zaplethal
- Laura Swain
- 1:25-cv-00412
- U.S. District Court · Southern District of New York
- 2
In Bahamundi v. Zaplethal, Judge Swain ordered the unrepresented plaintiff to sign his complaint within 30 days or face dismissal without prejudice.
Gilbert Bahamundi and the processing of his action; the order also addresses any appeal from it.
What happened
In Bahamundi v. Zaplethal, Gilbert Bahamundi filed a lawsuit without a lawyer, but his complaint was not signed. The court said a person representing himself must sign court papers.
The court ordered Bahamundi to submit a signature page within 30 days. It allowed a handwritten signature for mail or in-person filing, or an electronic signature or typed name preceded by “/s/” for an email filing. No summons or answer will issue yet.
Judge Laura Taylor Swain said the case will be processed by the Clerk’s Office if Bahamundi complies. If he does not, the action will be dismissed without prejudice. The court also denied fee-free status for any appeal and said an appeal would not be taken in good faith.
The detailed version
- Bahamundi v. Zaplethal · No. 1:25-cv-00412
- Laura Swain
- Mar. 6, 2025
Background
Gilbert Bahamundi brought this action without a lawyer. The complaint he submitted was unsigned. Federal Rule of Civil Procedure 11(a) requires an unrepresented party to sign a pleading, meaning a formal court filing.
Order
The court directed Bahamundi to sign and submit the attached signature page within 30 days of the order. If he files by mail or in person, the signature must be handwritten. If he submits the document by email to the address identified in the order, he may use an electronic signature or a typed name preceded by “/s/,” such as “/s/ Gilbert Bahamundi.”
The order states that the signed document must be labeled with docket number 25-CV-411. The case caption, however, identifies the action as No. 25-CV-412 (LTS). The opinion does not explain this discrepancy.
Effect of the Order
No summons or answer will issue at this time. If Bahamundi complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed without prejudice, meaning the dismissal would not bar refiling on that basis.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied fee-free appeal status. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.