Summa v. New York State Department of Corrections
- Laura Swain
- 1:25-cv-06320
- U.S. District Court · Southern District of New York
- 2
In Summa v. New York State Department of Corrections, Judge Swain ordered Garcia to submit an original signature within 30 days or be dismissed.
Angel Garcia is required to provide an original signature or be dismissed from the action. Robert Summa is also affected because the case will not receive a summons at this time, and the case’s processing depends on Garcia’s compliance.
What happened
Summa v. New York State Department of Corrections was brought by Robert Summa and Angel Garcia without lawyers. Garcia did not sign the complaint.
The court explained that an unrepresented party must personally sign court filings, and that the signature must be handwritten or a handwritten mark. The court attached a replacement signature page for Garcia to use.
Judge Swain ordered Garcia to submit the signature page with an original signature within 30 days. No summons will issue for now; if Garcia complies, the case will proceed through the Clerk’s Office, but if he does not, he will be dismissed from the action. The court also denied payment-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Summa v. New York State Department of Corrections · No. 1:25-cv-06320
- Laura Swain
- Aug. 8, 2025
Background
Robert Summa and Angel Garcia brought the action without lawyers. The court noted that Garcia did not sign the complaint.
Applicable rule
Federal Rule of Civil Procedure 11(a) requires every pleading, written motion, and other court paper to be signed by an attorney of record or, when a party is unrepresented, by the party personally. The court explained that this requires a handwritten signature or a handwritten mark.
Court’s order
The court directed Garcia to submit the complaint’s signature page with an original signature within 30 days of the order. A copy of the signature page was attached. No summons will issue at this time. If Garcia complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the order states that he will be dismissed from the action.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. As a result, Garcia and Summa may not proceed without paying the required fees for an appeal based on this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.