Green v. Kelly and Ryan Show
- Laura Swain
- 1:22-cv-00237
- U.S. District Court · Southern District of New York
- 1
Green v. Kelly and Ryan Show: Judge Swain dismissed the action without prejudice because Green did not submit a signed complaint page.
Plaintiff Courtney Green, whose action was dismissed without prejudice and whose fee-free status for an appeal was denied.
What happened
In Courtney Green v. Kelly and Ryan Show, the court had ordered Green to resubmit the complaint’s signature page with an original signature within 30 days.
Green did not submit the signed page. The order had warned that failing to comply would result in dismissal.
Judge Laura Taylor Swain dismissed the action without prejudice and denied fee-free status for any appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Green v. Kelly and Ryan Show · No. 1:22-cv-00237
- Laura Swain
- Mar. 14, 2022
Background
The court had directed Plaintiff Courtney Green, by an order dated January 12, 2022, to resubmit the complaint’s signature page with an original signature within 30 days. That order stated that failure to comply would result in dismissal of the action.
Court’s Ruling
Green did not submit the signed signature page. Citing Federal Rule of Civil Procedure 11(a), the court dismissed the action without prejudice. This means the order did not bar a later filing based on the dismissal itself.
The court also 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 fee-free status for purposes of an appeal. The opinion states that Green had consented to electronic service of court documents.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.