Ross v. New York City
- Laura Swain
- 1:24-cv-09475
- U.S. District Court · Southern District of New York
- 1
Ross v. New York City was dismissed without prejudice after Ross failed to submit a required signed page, Judge Swain ruled.
Mark Ross’s complaint was dismissed without prejudice because he did not submit the signed page required by the court’s order. The order also denied him permission to appeal without paying court fees.
What happened
Ross v. New York City involved a complaint by Mark Ross against New York City and the Department of Corrections. The court had ordered Ross to submit a signed page titled “Plaintiff’s Certificate and Warnings” within 30 days.
Ross did not submit the signed page. The court therefore dismissed the complaint without prejudice, allowing Ross to file a future action about the same allegations. The court also denied permission to appeal without paying court fees and directed the Clerk of Court to enter a civil judgment.
Judge Laura Taylor Swain dismissed the complaint because Ross did not follow the court’s order, without deciding the underlying allegations.
The detailed version
- Ross v. New York City · No. 1:24-cv-09475
- Laura Swain
- Mar. 24, 2025
Background
Mark Ross brought a complaint against New York City and the Department of Corrections. On December 17, 2024, the court ordered Ross to submit a signed page titled “Plaintiff’s Certificate and Warnings” within 30 days. The order stated that failing to comply would result in dismissal of the complaint.
Court’s Analysis
Ross did not submit the required signed page. Relying on Federal Rule of Civil Procedure 11(a), the court dismissed the complaint without prejudice to Ross filing a future action concerning the allegations in the complaint. The order did not decide the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to appeal without paying the required court fees. The court directed the Clerk of Court to enter a civil judgment.
Disposition
Judge Laura Taylor Swain dismissed the complaint without prejudice and denied permission to appeal without paying court fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.