Rodriguez v. New York Police Department
- Laura Swain
- 1:25-cv-03889
- U.S. District Court · Southern District of New York
- 1
In Rodriguez v. New York Police Department, Chief Judge Swain dismissed the unsigned complaint without prejudice and denied permission to appeal without paying court fees.
Loki Rodriguez's complaint was dismissed without prejudice. The court also denied permission to appeal without paying court fees.
What happened
In Rodriguez v. New York Police Department, the court had ordered Loki Rodriguez to resubmit the complaint’s signature page with an original signature within 30 days. The order warned that failing to do so would lead to dismissal.
Rodriguez did not submit the signed page, and the deadline expired. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Rodriguez permission to appeal without paying court fees. The clerk was directed to enter judgment.
The detailed version
- Rodriguez v. New York Police Department · No. 1:25-cv-03889
- Laura Swain
- June 17, 2025
Background
The court had previously directed Loki Rodriguez to resubmit the complaint’s signature page with an original signature within 30 days. That order stated that failure to comply would result in dismissal. Rodriguez did not submit the signed page, and the deadline expired.
Ruling
The court dismissed the complaint without prejudice under Federal Rule of Civil Procedure 11(a). The opinion does not address the underlying claims against the New York Police Department.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to appeal without paying court fees. The clerk was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.