Posley v. New York City
- Laura Swain
- 1:22-cv-05819
- U.S. District Court · Southern District of New York
- 1
In Posley v. New York City, Judge Swain dismissed the unsigned complaint without prejudice and denied fee-free appeal status.
Naquan Posley’s complaint was dismissed without prejudice. New York City and the NYC Dept. of Corrections were defendants in the dismissed action. Posley was also denied permission to appeal without paying court fees.
What happened
In Posley v. New York City, the court had ordered Naquan Posley to resubmit the complaint’s signature page with an original signature within 30 days.
The order warned that failing to do so would result in dismissal. Posley did not submit the signed page, so the complaint against New York City and the NYC Department of Corrections was dismissed without prejudice.
Judge Laura Taylor Swain also denied permission to appeal without paying court fees, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Posley v. New York City · No. 1:22-cv-05819
- Laura Swain
- Aug. 9, 2022
Background
Naquan Posley brought this action against New York City and the NYC Dept. of Corrections. On July 8, 2022, the Court directed Posley to resubmit the complaint’s signature page with an original signature within 30 days. The order stated that failure to comply would result in dismissal.
Ruling
Posley did not submit the signed signature page. Citing Federal Rule of Civil Procedure 11(a), the Court dismissed the complaint without prejudice. A dismissal without prejudice does not bar a later filing based solely on that dismissal.
The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied Posley permission to appeal without paying the required court fees. The Clerk of Court was directed to enter judgment. The footnote states that because the action was dismissed before the application to proceed without paying the filing fee was decided, Posley was not charged the $350 filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.