Johnson v. Resorts World Hudson Valley
- Laura Swain
- 1:25-cv-02210
- U.S. District Court · Southern District of New York
- 2
In Johnson v. Resorts World Hudson Valley, Judge Swain ordered the pro se plaintiff to sign her complaint within 30 days or face dismissal without prejudice.
Summer-Annie Johnson, who filed the action without a lawyer, must submit a signed complaint page within 30 days or the action will be dismissed without prejudice. The order also affects any appeal by denying permission to proceed without prepaying appeal fees.
What happened
In Johnson v. Resorts World Hudson Valley, Summer-Annie Johnson filed the case without a lawyer, but her complaint was unsigned. The court explained that an unrepresented party must personally sign a complaint.
The court ordered Johnson to sign and submit the attached signature page within 30 days. No summons or answer will issue yet. If she complies, the Clerk’s Office will process the case; if she does not, the action will be dismissed without prejudice.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied Johnson permission to proceed without prepaying appeal fees. The order did not address the underlying claims.
The detailed version
- Johnson v. Resorts World Hudson Valley · No. 1:25-cv-02210
- Laura Swain
- Mar. 20, 2025
Background
Summer-Annie Johnson brought this action without a lawyer. The complaint she submitted was unsigned.
Court’s action
The court cited Rule 11(a) of the Federal Rules of Civil Procedure, which requires an unrepresented party to sign a pleading, including a complaint, personally. The court directed Johnson to sign and submit the attached signature page within 30 days of the order.
The court stated that no summons or answer would issue at that time. If Johnson complies with the signature order, the Clerk’s Office will process the case under its procedures. If she fails to comply within the permitted time, the action will be dismissed without prejudice, meaning the order does not bar refiling on that basis.
Appeal-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 proceed without prepaying fees for an appeal.
Result
The court did not decide the underlying claims. The case remains subject to Johnson’s compliance with the signature requirement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.