Melo v. Eastchester Union Free School District
- Laura Swain
- 1:25-cv-06858
- U.S. District Court · Southern District of New York
- 7
In Melo v. Eastchester Union Free School District, Judge Swain ordered Luciana Melo to pay fees or request a fee waiver, sign paperwork, and provide an address before proceeding.
Luciana Melo must complete the listed filing steps within 30 days for the case to proceed. Eastchester Union Free School District and Judith T. Kramer are not required to respond yet. If Melo does not comply or request an extension, the action will be dismissed without prejudice to refiling.
What happened
In Melo v. Eastchester Union Free School District, Luciana Melo brought a case without a lawyer, individually and as the parent of KMR, a child with a disability. Her complaint did not include a signature or a mailing address, and she had not paid the required fees or submitted an application to proceed without paying them.
The court gave Melo 30 days to pay $405 or submit an application to proceed without prepaying fees, submit a signed certification and warnings form, and provide a mailing address or agree to receive documents electronically. Until she complies, the court will take no further action, and no summons or answer will be required.
Judge Laura Taylor Swain stated that the case will be dismissed without prejudice to refiling if Melo does not comply or request more time. The court also denied permission to appeal without prepaying fees for purposes of any appeal from this order.
The detailed version
- Melo v. Eastchester Union Free School District · No. 1:25-cv-06858
- Laura Swain
- Aug. 26, 2025
Background
Luciana Melo sued Eastchester Union Free School District and Judith T. Kramer, individually and as the parent of KMR, a child with a disability. Melo is proceeding without a lawyer. The court's order addresses filing requirements and does not decide the underlying claims.
Required Filing Steps
The court directed Melo, within 30 days of the order, to complete three steps:
- Pay $405 in filing and administrative fees, or submit a signed application to proceed without prepaying fees. The order explains that the $405 consists of a $350 filing fee and a $55 administrative fee.
- Submit a signed “Plaintiff’s Certification and Warnings” form. The complaint was submitted without a signature, and Federal Rule of Civil Procedure 11(a) requires an unrepresented party to sign a pleading.
- Provide a mailing address for service of court documents or consent to receive documents electronically. Melo had provided neither.
The court stated that no further action would be taken, no summons would issue, and no answer would be required until Melo complies with the order. If she fails to comply within the allowed time, or fails to request an extension, the action will be dismissed without prejudice to refiling.
Other Rulings
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The Clerk was directed to provide a copy of the order if Melo appears at the court’s Pro Se Intake window, although the order notes that the Clerk could not mail or email it because Melo had not provided a mailing or email address.
Disposition
Judge Laura Taylor Swain directed Melo to pay the required fees or submit an application to proceed without prepaying fees, submit the signed certification, and provide a mailing address or consent to electronic service. The order is a procedural filing directive and does not resolve the merits of Melo’s claims.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.