Limanskyi v. White Plains Hospital
- Laura Swain
- 1:25-cv-02239
- U.S. District Court · Southern District of New York
- 3
In Limanskyi v. White Plains Hospital, Judge Swain ordered a signed complaint within 30 days or dismissal, and denied appeal IFP status.
Kostiantyn Limanskyi and the processing of his pending action; the court also denied fee-free status for any appeal from this order.
What happened
In Limanskyi v. White Plains Hospital, Kostiantyn Limanskyi filed a complaint without signing it. The opinion says he is representing himself.
The court ordered Limanskyi to send an original signature page within 30 days. No summons will be issued yet. If he complies, the case will be processed; if he does not, the action will be dismissed.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Limanskyi v. White Plains Hospital · No. 1:25-cv-02239
- Laura Swain
- Mar. 20, 2025
Background
Kostiantyn Limanskyi brought this action without a lawyer. He submitted the complaint without a signature.
Reason for the Order
Federal Rule of Civil Procedure 11(a) requires an unrepresented party to sign a pleading personally. The court explained that the signature must be handwritten or another mark placed by hand.
Court’s Action
The court directed Limanskyi to submit the complaint’s signature page with an original signature within 30 days of the order. The Clerk’s Office will not issue a summons at this time. If Limanskyi complies, the case will be processed under the Clerk’s Office’s procedures. If he does not comply within the allowed time, the action will be dismissed.
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. It therefore denied fee-free status for purposes of an appeal. The order did not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.