Ross v. Harrell

Background

Darnell Ross brought this civil action without a lawyer. The complaint listed Curtis Brown, Pookie Washington, Leroy Washington, Randy, Trukan Bazemore, Eric, and James Jacobs as additional plaintiffs. The opinion states that none of those seven individuals signed the complaint or provided contact information. Ross also did not sign the complaint.

Rule 11 and Signature Requirement

Federal Rule of Civil Procedure 11(a) requires an unrepresented party to personally sign a pleading. Because the seven listed individuals did not sign the complaint or provide contact information, the court dismissed them from the action without prejudice. Ross therefore became the sole plaintiff. The court directed Ross to resubmit the complaint’s signature page with an original signature within 30 days of the order.

Filing Fees or Fee-Waiver Application

The court explained that starting a civil action requires payment of a $350 filing fee and a $52 administrative fee, for a total of $402, unless the plaintiff submits an application to proceed without prepaying fees. Ross had submitted neither the fees nor that application. The court directed him, within 30 days, to either pay $402 or submit a signed application to proceed without prepayment. If the court grants the application, Ross may proceed without prepaying the fees.

Disposition

The court granted Ross 30 days to comply. If he complies, the case will be processed through the Clerk’s Office; if he does not comply within the allowed time, the action will be dismissed. No summons shall issue at that time. The court dismissed Curtis Brown, Pookie Washington, Leroy Washington, Randy, Trukan Bazemore, Eric, and James Jacobs without prejudice. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk of Court was directed to mail the order to Ross and record service on the docket.