Praileau v. The United States
- Laura Swain
- 1:22-cv-08866
- U.S. District Court · Southern District of New York
- 2
Praileau v. The United States: Judge Swain dismissed the complaint without prejudice because Praileau did not submit an original signature.
William Praileau, whose complaint was dismissed without prejudice because he did not provide the required original signature; the court treated Kingdom of Priests as not proceeding as a separate pro se plaintiff.
What happened
In Praileau v. The United States, William Praileau filed a case without a lawyer and paid the required filing fees. The complaint also listed Kingdom of Priests, but the court treated Praileau as the only plaintiff because organizations cannot represent themselves in federal court.
The court had ordered Praileau to submit a declaration and a copy of the complaint signed in his own name. He did not do so, and the documents he filed were signed only “Without Prejudice.”
Judge Laura Taylor Swain dismissed the complaint without prejudice, allowing Praileau to refile it with an original signature. The court also denied permission to appeal without paying fees and directed the clerk to enter judgment.
The detailed version
- Praileau v. The United States · No. 1:22-cv-08866
- Laura Swain
- Jan. 27, 2023
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 proceed in federal court without a licensed attorney. Because the complaint appeared to have been filed by Praileau, the court treated Praileau as the only plaintiff.
The complaint initially included only $400 of the required $402 filing fee. The full fee was later processed. The court had also ordered Praileau to complete and sign, in his own name, a declaration stating that he was the plaintiff who filed the complaint. After giving him additional time, the court warned that failing to comply would result in dismissal without prejudice to refiling the complaint with an original signature.
Issue and Analysis
Praileau did not submit the required signed declaration or a copy of the complaint signed in his own name. The documents he filed were signed only “Without Prejudice.” The court therefore dismissed the complaint under Federal Rule of Civil Procedure 11(a), which requires a filing to be signed by an attorney or by the party personally when the party is unrepresented.
Disposition
The court dismissed the complaint without prejudice to Praileau’s refiling it with an original signature. It certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The clerk was directed to enter judgment in the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.