Thomas v. Moore
- Laura Swain
- 1:25-cv-03962
- U.S. District Court · Southern District of New York
- 2
In Thomas v. Moore, Judge Swain ordered pro se plaintiff Matthew Thomas to submit an original complaint signature within 30 days or face dismissal.
Matthew Thomas, who must provide an original signature to continue the action; the case concerns defendants William Moore and Frank Torre.
What happened
In Thomas v. Moore, Matthew Thomas brought the action without a lawyer, but his complaint did not include a signature. The court explained that an unrepresented party must personally sign a complaint.
The court ordered Thomas to send an original signature page to the court within 30 days of the order. No summons will issue yet. If he complies, the case will proceed through the Clerk’s Office; if he does not, the action will be dismissed.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. The order did not dismiss the action at that time.
The detailed version
- Thomas v. Moore · No. 1:25-cv-03962
- Laura Swain
- May 14, 2025
Background
Matthew Thomas brought this action without a lawyer. He submitted a complaint that did not contain his signature. The court cited Rule 11(a) of the Federal Rules of Civil Procedure, which requires an unrepresented party to personally sign a pleading. The court explained that the signature must be handwritten or otherwise physically placed by the party.
Order
The court directed Thomas to submit the complaint’s signature page with an original signature within 30 days of the order. The court stated that no summons would issue at that time. If Thomas 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.
Appeal-related ruling
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied Thomas permission to proceed without paying fees for purposes of an appeal. The order did not dismiss the action when it was entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.