Crane v. X-Parker
- Philip Halpern
- 7:23-cv-01413
- U.S. District Court · Southern District of New York
- 2
In Crane v. X-Parker, Judge Swain ordered a handwritten complaint signature within 30 days and denied fee-free appeal status.
Michael Crane, who filed the complaint without a lawyer, must provide an original signature for the action to proceed. The defendants are X-Parker, X-Nixon, and John Doe Lt.
What happened
In Crane v. X-Parker, Michael Crane filed a complaint without the signature required when a person represents himself. The court cited federal and local rules requiring a personally signed filing.
The court ordered Crane to resubmit the complaint’s signature page with an original signature within 30 days. No summons will issue yet; the case will proceed through the Clerk’s Office if he complies, but the action will be dismissed if he does not. The court also denied fee-free status for any appeal from this order.
Chief Judge Laura Taylor Swain signed the order on February 22, 2023.
The detailed version
- Crane v. X-Parker · No. 7:23-cv-01413
- Philip Halpern
- Feb. 22, 2023
Background
Michael Crane brought the action without a lawyer. He submitted the complaint without a signature. The defendants are X-Parker, X-Nixon, and John Doe Lt.
Court’s reasoning
The court explained that Rule 11(a) of the Federal Rules of Civil Procedure and Local Civil Rule 11.1(a) require every pleading, motion, and other paper to be signed by an attorney or, when a party is unrepresented, by that party personally. The court stated that the required signature must be handwritten or another mark placed by hand.
Order
The court directed Michael Crane to resubmit the complaint’s signature page with an original signature within 30 days of the order. No summons will issue at this time. If Crane 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 under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. Chief Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.