Phillips v. Williams

Background

Tyler R. Phillips brought this civil action without a lawyer. To proceed in the Southern District of New York, he had to either pay $405 in filing and administrative fees or submit a signed application to proceed without prepaying those fees, commonly called an IFP application.

Phillips submitted an IFP application, but the court found that it did not provide enough information to determine whether he was unable to pay. The application stated that he was employed and earned $750 per month and that he supported his daughter, but he did not answer whether he had other sources of income. When asked how he paid his expenses, he wrote, “With my jon.”

Signature requirement

The court also found that the complaint, IFP application, and consent to electronic service did not contain original signatures. Under the Federal Rules of Civil Procedure and the court’s local rules, an unrepresented party must personally sign pleadings and other papers. The court explained that this requires a handwritten signature or a mark placed by the party.

Order

The court directed Phillips to submit, within 30 days of the order, an amended IFP application with a signature and original signatures on the complaint and consent to electronic service. The court stated that no summons would issue at that time. If Phillips complies, the Clerk’s Office will process the case under its procedures; if he does not comply within the allowed time, the action will be dismissed.

The court also certified that an appeal from the order would not be taken in good faith and denied authorization to proceed without prepaying fees for an appeal. Judge Laura Taylor Swain issued and signed the order on June 17, 2025.