Charles v. Excess Telecom
- Katherine Failla
- 1:24-cv-09181
- U.S. District Court · Southern District of New York
- 1
Charles v. Excess Telecom: Judge Swain dismissed the complaint without prejudice because Charles did not provide the required signature page.
The dismissal affected Nicolas Alexander Napoleon Charles's complaint against Excess Telecom. The court also denied Charles permission to appeal without paying the filing fee.
What happened
In Charles v. Excess Telecom, the court required Nicolas Alexander Napoleon Charles to submit a complaint signature page with an original signature.
The court had given Charles thirty days to provide the signed page and warned that failing to do so would lead to dismissal. The opinion says he did not submit it.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice. She also denied permission to appeal without paying the filing fee, finding that an appeal would not be taken in good faith.
The detailed version
- Charles v. Excess Telecom · No. 1:24-cv-09181
- Katherine Failla
- June 9, 2025
Background
An earlier court order dated April 22, 2025, directed Plaintiff Nicolas Alexander Napoleon Charles to resubmit the complaint's signature page with an original signature within thirty days. That order stated that failure to comply would result in dismissal. The opinion says that Plaintiff did not submit the signed signature page.
Ruling
The court dismissed the complaint without prejudice under Federal Rule of Civil Procedure 11(a). “Without prejudice” means the dismissal itself does not bar a later filing, although the opinion does not address any other requirements for doing so.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fee. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.