Kitchen v. New York City Housing Authority
- Laura Swain
- 1:23-cv-02759
- U.S. District Court · Southern District of New York
- 1
In Kitchen v. New York Housing Authority, Judge Swain dismissed the complaint without prejudice because Kitchen did not submit the required original signature page.
William Kitchen’s complaint was dismissed without prejudice, and his request to appeal without paying filing costs was denied.
What happened
In Kitchen v. New York Housing Authority, the court had ordered William Kitchen to resubmit the complaint’s signature page with an original signature within 30 days. The order warned that failing to do so would lead to dismissal.
Kitchen did not submit the signed page. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Kitchen permission to appeal without paying the filing costs. The clerk was directed to enter judgment.
The detailed version
- Kitchen v. New York City Housing Authority · No. 1:23-cv-02759
- Laura Swain
- May 23, 2023
Background
By an order dated April 5, 2023, the court directed William Kitchen to resubmit the complaint’s signature page with an original signature within 30 days. The order stated that failing to comply would result in dismissal. The opinion says that Kitchen did not submit the signed signature page.
Ruling
The court dismissed the complaint without prejudice under Federal Rule of Civil Procedure 11(a). This means the dismissal did not bar Kitchen from refiling the complaint. The court did not address the underlying claims against the defendants.
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 permission to appeal without paying the filing costs. The clerk was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.