Rogers v. Johnson

Background

Angelina Rogers filed this action without a lawyer against Dwayne A. Johnson and other defendants. Her complaint did not include facts, an original signature, or a specific explanation of which constitutional or statutory rights were allegedly violated. The court relied on Federal Rule of Civil Procedure 8(a), which requires a complaint to briefly state the basis for federal jurisdiction, the facts showing entitlement to relief, and the relief requested. The court also relied on Rule 11(a), which requires an unrepresented party to personally sign a pleading.

Rogers did not pay the $402 required to file a civil action in the Southern District of New York. That amount consists of a $350 filing fee and a $52 administrative fee. A plaintiff who cannot pay in advance may instead submit an application to proceed without prepaying fees, commonly called an IFP application. Rogers had submitted neither the fee nor an IFP application.

Court’s Order

The court directed Rogers to submit, within 30 days of the order, an amended complaint that complies with Rules 8(a) and 11(a). The amended complaint must state facts supporting a claim and include an original signature. Rogers must also, within the same 30-day period, either pay $402 in fees or submit an IFP application. If the court grants the application, she may proceed without prepaying the fees.

The court ordered that no summonses issue at this time. If Rogers complies, the case will be processed under the Clerk’s Office procedures. If she does not comply within the allowed time, the action will be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain signed the order on June 5, 2023.