Scales v. Webster Bank
- Laura Swain
- 1:23-cv-07607
- U.S. District Court · Southern District of New York
- 4
In Scales v. Webster Bank, Judge Swain ordered William Scales to submit signed papers within 30 days or face dismissal.
William Scales and the further processing of his case against Webster Bank; the order required corrected signatures before the case could proceed.
What happened
In Scales v. Webster Bank, William Scales filed the complaint and an application to proceed without prepaying fees, but neither document had a signature. Because Scales is representing himself, the court said he must personally sign these papers.
The court ordered Scales to resubmit the signature pages with original signatures within 30 days of August 29, 2023. The court said no summons would issue for now, and that the case would be processed if he complied. If he did not comply on time, the action would be dismissed.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Scales v. Webster Bank · No. 1:23-cv-07607
- Laura Swain
- Aug. 29, 2023
Background
William Scales brought this action without a lawyer. He submitted a complaint and an application to proceed without prepaying court fees, but neither document was signed.
Signature requirement
The court relied on Federal Rule of Civil Procedure 11(a) and Local Civil Rule 11.1(a), which require a person representing himself to sign pleadings, motions, and other papers personally. The court explained that the required signature must be handwritten or another mark placed by hand.
Order
The court directed Scales to resubmit the signature pages of both the complaint and the fee application with original signatures within 30 days of the order. No summons would issue at that time. If Scales complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the allowed time, the action would be dismissed.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.