Scales v. Ace Hotel NY

Background

William Scales brought this action without a lawyer. To proceed without prepaying court fees, he submitted an application for permission to proceed without prepayment of fees, commonly called an IFP application. The application did not answer all of the court’s questions, so the court could not determine whether Scales was able to pay the filing and administrative fees. The complaint was also unsigned.

The court noted that the total fees were $402: a $350 filing fee and a $52 administrative fee. It also noted that public access to the IFP application had been restricted because the application included the names of Scales’s minor children; the court stated that court filings should use only a minor’s initials.

Required Corrections

Within 30 days of the order, Scales had to either pay the $402 in fees or submit an amended IFP application. The amended application had to be fully completed, signed in the proper signature box, and labeled with docket number 23-CV-7642 (LTS).

Scales also had to resubmit the complaint’s signature page within the same 30-day period, signing in the signature box. The court relied on Federal Rule of Civil Procedure 11(a) and Local Civil Rule 11.1(a), which require an unrepresented party to sign court papers personally.

Disposition

The court directed Scales to provide the amended IFP application and original complaint signature. No summons would issue at that time. The court stated that if Scales failed to comply within the allowed time, the action would be dismissed without prejudice. Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.