Bell v. Intergen Health Management
- John Cronan
- 1:22-cv-07338
- U.S. District Court · Southern District of New York
- 3
In Bell v. Intergen Health Management, Judge Swain ordered Bell to submit an original complaint signature within thirty days or face dismissal.
James Bell, who was required to provide an original signature for his complaint; the action could be dismissed if he failed to comply.
What happened
James Bell sued Intergen Health Management without a lawyer, but he filed his complaint without a signature page.
The court ordered Bell to submit the complaint’s signature page with an original signature within thirty days. The court did not issue a summons yet and said the case would proceed through the Clerk’s Office if Bell complied; otherwise, the action would be dismissed.
Judge Laura Taylor Swain also determined that an appeal would not be taken in good faith and denied Bell permission to appeal without prepaying court fees.
The detailed version
- Bell v. Intergen Health Management · No. 1:22-cv-07338
- John Cronan
- Aug. 29, 2022
Background
James Bell brought this action without a lawyer. His complaint was submitted without a signature page.
Court’s reasoning
Federal Rule of Civil Procedure 11(a) requires every pleading, written motion, and other court filing to be signed by an attorney or, when a party is not represented, by that party personally. The court explained that this requires a handwritten signature or a handplaced mark. The court therefore directed Bell to submit the complaint’s signature page with an original signature.
Order and effect
The court gave Bell thirty days from the date of the order to comply and attached a copy of the signature page. No summons would issue at that time. If Bell complied, the Clerk’s Office would process the case under its procedures. If he did not comply within the allowed time, the action would be dismissed. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion does not state that the action itself was dismissed.
Judge
The order was signed by Laura Taylor Swain, Chief United States District Judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.