James v. Arresting Officer ID968234
- Laura Swain
- 1:23-cv-05387
- U.S. District Court · Southern District of New York
- 1
In James v. Arresting Officer ID #968234, Judge Swain dismissed the complaint without prejudice after James failed to submit a required signed page.
Julian James’s complaint was dismissed without prejudice because he did not submit the required signed authorization page. His request to appeal without paying filing fees was also denied.
What happened
In James v. Arresting Officer ID #968234, Julian James was ordered to submit a new signature page for his prisoner authorization with an original signature.
The court warned that failing to provide the signed page within 30 days would lead to dismissal. James did not submit it.
The court dismissed the complaint without prejudice and denied fee-free appeal status, certifying that an appeal would not be taken in good faith. Judge Laura Taylor Swain directed the Clerk to enter judgment.
The detailed version
- James v. Arresting Officer ID968234 · No. 1:23-cv-05387
- Laura Swain
- Aug. 9, 2023
Background
The court had previously ordered Julian James to resubmit the signature page of his prisoner authorization with an original signature. The order gave him 30 days to comply and stated that failing to do so would result in dismissal of the complaint.
Court’s Action
James did not submit the signed signature page. The court therefore dismissed the complaint without prejudice, citing Federal Rule of Civil Procedure 11(a). A dismissal without prejudice does not bar the filing of another case based on the same matter, although the opinion does not describe any requirements for doing so.
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 James permission to appeal without paying the filing fees. The Clerk of Court was directed to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.