Jones v. Atlantic Records
- Andrew Carter
- 1:22-cv-00893
- U.S. District Court · Southern District of New York
- 2
In Denise Jones v. Atlantic Records, Judge Swain ordered a pro se plaintiff to submit valid signatures, delayed summonses, and denied appeal fee-waiver status.
Denise Jones and the processing of her action. The order required Jones to correct the missing signatures before the case could proceed and stated that the action would be dismissed if she failed to do so.
What happened
In Denise Jones v. Atlantic Records, Denise Jones filed a lawsuit without a lawyer and asked to proceed without paying court fees in advance. She submitted her complaint and consent to electronic service without the required signatures.
The court ordered Jones to resubmit the signature pages with original or approved electronic signatures within 30 days. The court also directed that no summons be issued for now and stated that the case would be processed if she complied; otherwise, the action would be dismissed.
Judge Laura Taylor Swain issued the order and denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith. The Clerk was directed to mail the order to Jones and record service on the docket.
The detailed version
- Jones v. Atlantic Records · No. 1:22-cv-00893
- Andrew Carter
- Feb. 3, 2022
Background
Denise Jones filed this action without a lawyer and sought permission to proceed without prepaying filing fees. Her complaint and consent to electronic service were not signed. The opinion states that her fee-waiver application included an electronic signature, but that she did not sign the complaint and consent using one of the methods permitted for filings submitted by email.
Court’s analysis
Federal Rule of Civil Procedure 11(a) and Local Civil Rule 11.1(a) require a self-represented party to sign pleadings and other court papers. The order explains that an emailed filing could be signed by hand and scanned, with a digital signature, or by typing “/s/Filer’s Name.” Because Jones’s complaint and consent did not use one of those methods, the court directed her to correct the filings.
Order and effect
The court ordered Jones to resubmit the signature pages of the complaint and consent to electronic service with original signatures or approved electronic signatures within 30 days of the order. No summons was to issue at that time. If Jones complied, the Clerk’s Office would process the case under its procedures; if she did not comply within the allowed time, the action would be dismissed. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The Clerk was directed to mail Jones a copy of the order and note service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.