Praileau v. The United States
- Laura Swain
- 1:22-cv-08866
- U.S. District Court · Southern District of New York
- 3
In Praileau v. The United States, Judge Swain ordered Praileau to pay $2 and sign personally within 30 days.
William Praileau and the purported plaintiff Kingdom of Priests; the order set requirements for the case to proceed.
What happened
In Praileau v. The United States, William Praileau filed a case without a lawyer and submitted $400 toward the required fees, which total $402. The complaint also listed Kingdom of Priests, but the court treated the case as brought only by Praileau because artificial entities cannot represent themselves without a licensed lawyer.
The court ordered Praileau to pay the remaining $2 within 30 days and to complete and sign a declaration using his own name. The court also directed the cashier to hold his $400 check during that period and said that no summons would issue yet.
If Praileau does not comply, the court said his check will be returned and the complaint will be dismissed without prejudice to refiling with the required payment or application and an original signature. Judge Swain also denied permission to proceed without prepaying fees for any appeal from this order.
The detailed version
- Praileau v. The United States · No. 1:22-cv-08866
- Laura Swain
- Oct. 24, 2022
Background
William Praileau brought the action without a lawyer. The complaint purported to name two plaintiffs: “William Praileau d.b.a. Without Prejudice” and “Kingdom of Priests.” The court explained that corporations, nonprofit organizations, and other artificial entities cannot appear in federal court without a licensed attorney. Because the complaint appeared to have been filed by Praileau, the court construed it as brought only by him.
To start a civil action in the court, a plaintiff must either pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying fees. Praileau submitted a $400 payment and also filed an application to proceed without prepaying fees. Because he had paid the fees, the court assumed he was no longer seeking that status.
Court’s directives
The court ordered Praileau to pay the remaining $2 within 30 days. It specified that payment could be made by a $2 certified check or money order sent to the court’s cashier, or in person by credit card or cash. The court directed the cashier to hold Praileau’s $400 check for 30 days.
The court also ordered Praileau to complete, sign in his own name, and submit an attached declaration within 30 days. The court concluded that signing the complaint as “Without Prejudice,” which appeared to be the name under which Praileau did business, did not satisfy the federal signature rule requiring an unrepresented party to sign personally. No summons would issue at that time.
Possible consequence of noncompliance
The court stated that if Praileau failed to comply within the 30-day period, the $400 check would be returned and the complaint would be dismissed without prejudice to refiling with the proper fees or application and an original signature. If he complied, the case would be processed under the court clerk’s procedures.
Other ruling
The court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.