Ong v. CVS Pharmacy
- Laura Swain
- 1:25-cv-02122
- U.S. District Court · Southern District of New York
- 13
In Ong v. CVS Pharmacy, Judge Swain ordered pro se plaintiff Bienvenido P. Ong to resubmit signed forms, or the action will be dismissed without prejudice.
Bienvenido P. Ong must submit the signed application and complaint form within 30 days to continue the action; CVS Pharmacy is not required to respond at this stage.
What happened
In Bienvenido P. Ong v. CVS Pharmacy, Ong submitted one unsigned document that appeared to contain both a request to proceed without paying filing fees and a complaint. The document did not include required information about the facts, claims, or requested relief.
The court ordered Ong to complete, sign, and file the attached fee-waiver application and complaint form within 30 days. No summons or answer will issue at this time. If Ong does not comply, the action will be dismissed without prejudice.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The court did not decide the underlying claims.
The detailed version
- Ong v. CVS Pharmacy · No. 1:25-cv-02122
- Laura Swain
- Mar. 25, 2025
Background
Bienvenido P. Ong filed this action without a lawyer. He submitted one unsigned document that appeared to include both an application to proceed without prepaying court fees and a complaint. The court found the submission deficient because it was unsigned. The apparent complaint also did not state facts, describe Ong’s claims, or identify the relief he wanted.
Court’s Analysis
The court relied on Federal Rule of Civil Procedure 3, which provides that a civil action begins when a complaint is filed, and Rule 11(a), which requires an unrepresented party to personally sign pleadings and other papers. Because Ong’s submission did not satisfy these requirements, the court directed him to use and submit the attached forms.
Ruling
The court directed Ong, within 30 days of the order, to complete, sign, and file the attached application to proceed without prepaying fees and the attached complaint form. No summons or answer shall issue at this time. If Ong complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed without prejudice.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not address the merits of Ong’s claims against CVS Pharmacy.
Read the full 13-page opinion on CourtListener, the free public archive maintained by the Free Law Project.