Williams v. Woods
- Laura Swain
- 1:25-cv-02620
- U.S. District Court · Southern District of New York
- 3
In Williams v. Woods, Judge Swain ordered Terrell Williams to sign his petition within 30 days or face dismissal without prejudice.
Terrell Williams, who must sign and resubmit the petition within 30 days to avoid dismissal without prejudice; the case has not yet proceeded to a summons or answer.
What happened
In Williams v. Woods, Terrell Williams filed a petition without a lawyer, but the submitted petition was unsigned. The court cited the rule requiring an unrepresented party to sign each pleading.
The court directed Williams to sign and return the attached petition within 30 days. No summons or answer will issue yet; if he complies, the case will proceed under the Clerk’s Office procedures, but if he does not, the action will be dismissed without prejudice.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- Williams v. Woods · No. 1:25-cv-02620
- Laura Swain
- Apr. 4, 2025
Background
Terrell Williams brought this petition for a writ of habeas corpus without a lawyer. The petition submitted to the court was unsigned.
Court’s Analysis
Rule 11(a) of the Federal Rules of Civil Procedure requires an unrepresented party to personally sign a pleading, written motion, or other paper. The court cited the Supreme Court’s explanation that the rule requires a handwritten name or a handplaced mark.
Order
The court directed Williams to sign and submit the attached petition within 30 days of the order. The court stated that no summons or answer would issue at that time. If Williams complies, the case will be processed under the Clerk’s Office procedures. If he fails to comply within the allowed time, the action will be dismissed without prejudice, meaning the dismissal would not bar refiling.
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 and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.