Albert v. Embassy of Sound and MEDIA GmbH
- Colleen McMahon
- 1:21-cv-02729
- U.S. District Court · Southern District of New York
- 2
In Albert v. Embassy of Sound and MEDIA GmbH, Judge McMahon ordered pro se plaintiff Marcel Albert to provide an original signature within 30 days or face dismissal.
Marcel Albert, who was required to provide an original signature before the case could proceed to screening.
What happened
In Albert v. Embassy of Sound and MEDIA GmbH, Marcel Albert filed the case without signing the complaint. Because he was representing himself, the court required him to provide an original signature on the attached signature page.
The court gave Albert 30 days from April 5, 2021, to return the signed page. No summons would issue yet. If he complied, the Clerk’s Office would screen the case under the federal statute governing certain cases filed without prepaying fees; if he did not, the action would be dismissed.
Judge Colleen McMahon also ruled that an appeal from this order would not qualify for fee-free appeal status because it would not be taken in good faith. The order did not decide the claims’ merits.
The detailed version
- Albert v. Embassy of Sound and MEDIA GmbH · No. 1:21-cv-02729
- Colleen McMahon
- Apr. 5, 2021
Background
Marcel Albert brought the action without a lawyer. The complaint was submitted without a signature. Federal Rule of Civil Procedure 11(a) and Local Civil Rule 11.1(a) require a pleading to be signed by the party personally when that party is not represented by an attorney. The opinion also cites the Supreme Court’s interpretation that the required signature must be handwritten or otherwise placed by the person.
Order
The court directed Albert to sign the declaration for the signature page with his original signature and return it within 30 days of the order. The Clerk of Court was directed to mail him a copy of the order and record service on the docket. No summons was to issue at that time.
What Happens Next
If Albert complied, the case would be screened under 28 U.S.C. § 1915 according to the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed. The order itself did not reach the merits of Albert’s claims.
Appeal Fee Status
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for an appeal.
Disposition
Judge Colleen McMahon issued an order directing an original signature; the opinion does not state that the action was dismissed at that time.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.