Garcia v. New York State Department of Corrections

Background

Robert Summa and Angel Garcia brought this action without lawyers. The complaint identified the New York State Department of Corrections and other defendants. The court stated that Garcia had not signed the complaint.

Signature Requirement

Federal Rule of Civil Procedure 11(a) requires every pleading, motion, and other court filing to be signed by a lawyer of record or, when a party has no lawyer, by that party personally. The court explained that this requires a handwritten signature or a handplaced mark.

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. The court stated that no summons would issue at that time. If Garcia complied, the case would be processed under the Clerk’s Office procedures; if he did not comply within the allowed time, he would be dismissed from the action.

Appeal-Filing-Cost Ruling

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Garcia’s and Summa’s ability to appeal without paying the filing costs for that appeal.

Disposition

The court entered an order directing Garcia to provide an original signature and denied permission to appeal without paying filing costs. The order did not decide the underlying civil-rights claims.