Green v. Kelly and Ryan Show
- Laura Swain
- 1:22-cv-00237
- U.S. District Court · Southern District of New York
- 2
In Courtney Green v. Kelly and Ryan Show, Judge Swain ordered an original signature within 30 days or the action would be dismissed.
Courtney Green, who was required to provide an original signature on the complaint; the action would be dismissed if Green did not comply within 30 days.
What happened
In Courtney Green v. Kelly and Ryan Show, Courtney Green filed the action without a handwritten or otherwise original signature on the complaint. The opinion states that Green was representing themself.
The court ordered Green to resubmit the complaint’s signature page with an original signature within 30 days. No summons would issue at that time, and the case would proceed through the Clerk’s Office if Green complied; otherwise, the action would be dismissed.
Judge Laura Taylor Swain also denied permission to appeal without paying filing fees, certifying that an appeal would not be taken in good faith. The order did not decide the underlying claims.
The detailed version
- Green v. Kelly and Ryan Show · No. 1:22-cv-00237
- Laura Swain
- Jan. 12, 2022
Background
Courtney Green brought this action without a lawyer. Green submitted the complaint without a signature.
Court’s analysis and order
Federal Rule of Civil Procedure 11(a), along with the applicable local rule, requires an unrepresented party to personally sign a pleading. The court explained that this requirement calls for a handwritten signature or a mark physically placed by the party.
The court directed Green to resubmit the complaint’s signature page with an original signature within 30 days of the order. No summons would issue at that time. If Green complied, the action would be processed under the Clerk’s Office procedures. If Green did not comply within the allowed time, the action would be dismissed.
Appeal-related 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 permission to appeal without paying filing fees. The order did not address the merits of Green’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.