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S.D.N.Y.Procedural orderFiled Feb. 25, 2022

Mercer v. New York City Housing Authority

Judge
Gregory Woods
Docket
1:21-cv-10503
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Mercer v. New York City Housing Authority, Judge Woods ordered pro se plaintiff Robert Mercer to resubmit his unsigned amended complaint.

Who this affects

Robert Mercer must resubmit the amended complaint with a signature and the date within 14 days of February 25, 2022. The order does not decide whether the amended complaint is legally sufficient.

What happened

In Mercer v. New York City Housing Authority, Robert Mercer filed an amended complaint without a signature. The opinion states that Mercer was representing himself.

The court explained that federal and local rules require an unrepresented party to sign court filings. It directed Mercer to resubmit the amended complaint with a signature and the date within 14 days.

Judge Gregory H. Woods did not decide whether the amended complaint was legally sufficient. The clerk was directed to mail Mercer a copy of the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Mercer v. New York City Housing Authority · No. 1:21-cv-10503
Judge
Gregory Woods
Date
Feb. 25, 2022

Background

Robert Mercer brought this action without a lawyer. He submitted an amended complaint that did not contain a signature.

Court’s analysis

Federal Rule of Civil Procedure 11(a) requires every pleading, written motion, and other paper to be signed by an attorney or, when a party is unrepresented, by that party personally. The court also cited Local Civil Rule 11.1(a). The order explained that a pro se party filing by email may sign by hand and scan the document, use a digital signature, or type “/s/Filer’s Name.”

Ruling

Judge Gregory H. Woods directed Mercer to resubmit the amended complaint with a signature and the date within 14 days of the order. The court expressly stated that it was taking no position on whether the amended complaint was legally sufficient. The clerk was directed to mail a copy of the order to Mercer by first-class mail.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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