Rodriguez v. New York Police Department
- Laura Swain
- 1:25-cv-03889
- U.S. District Court · Southern District of New York
- 5
In Rodriguez v. New York Police Department, Judge Swain ordered pro se Plaintiff Loki Rodriguez to sign the submitted papers within 30 days.
Loki Rodriguez, who must sign and return the required pages within 30 days to avoid dismissal without prejudice; the New York Police Department is not required to answer at this stage.
What happened
In Rodriguez v. New York Police Department, Loki Rodriguez filed the case without a lawyer, but the complaint, application to proceed without paying fees, and electronic-service consent form were unsigned.
The court ordered Rodriguez to sign and return the attached signature pages within 30 days. No summons or answer will be issued yet. If Rodriguez does not comply, the action will be dismissed without prejudice; if Rodriguez complies, the Clerk’s Office will process the case.
Judge Swain also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order does not decide the underlying claims.
The detailed version
- Rodriguez v. New York Police Department · No. 1:25-cv-03889
- Laura Swain
- May 15, 2025
Background
Loki Rodriguez brought the action without a lawyer. The complaint, application to proceed without prepaying filing fees, and consent form for electronic service that Rodriguez submitted were unsigned.
Court’s Analysis
Federal Rule of Civil Procedure 11(a) requires an unrepresented party to personally sign every pleading, written motion, and other paper. Because the submitted documents were unsigned, the court directed Rodriguez to sign and submit the attached signature pages within 30 days of the order’s date.
Ruling and Effect
The court ordered that no summons or answer issue at that time. If Rodriguez complies within the allowed period, the case will be processed under the Clerk’s Office procedures. If Rodriguez fails to comply, 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 appeal without prepaying fees. The order did not address the merits of Rodriguez’s claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.