Genao v. The City of New York

Background

Antonio Genao brought this action without a lawyer. The complaint was submitted without a signature, and Genao did not submit either the required filing fees or an application to proceed without prepaying those fees.

Court’s directives

The court relied on Federal Rule of Civil Procedure 11(a), which requires an unrepresented party to sign a pleading personally. The court directed Genao to resubmit the complaint’s signature page with an original, handwritten or handplaced signature within 30 days of the order’s date.

The court also stated that filing a civil action requires either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of an application to proceed without prepayment of fees. Genao was ordered to complete one of those options within 30 days and to identify the application with docket number 22-CV-5676. If the court grants the application, he may proceed without prepaying the fees.

Ruling and effect

Judge Laura Taylor Swain ordered the signature and fee requirements described above. No summons was to issue at that time. The court stated that, if Genao complies, the case will be processed under the Clerk’s Office procedures; if he does not comply within the allowed period, the action will be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not address the merits of Genao’s claims.