Scales v. Newtek One

Background

William Scales brought this action without a lawyer. He submitted a complaint and an application to proceed without paying the filing fee, but neither document contained a signature. The court cited Federal Rule of Civil Procedure 11(a) and Local Civil Rule 11.1(a), which require an unrepresented party to personally sign a pleading, motion, or other court paper. The court explained that the required signature must be handwritten or otherwise personally placed, rather than merely typed.

Court’s order

The court ordered Scales to resubmit the signature pages of both the complaint and the fee-waiver application with original signatures within 30 days of the order. It attached copies of the signature pages. The court directed that no summons issue at that time. It stated that, if Scales complied, the case would be processed under the Clerk’s Office procedures; if he did not comply within the permitted period, the action would be dismissed.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied the ability to proceed without paying the appeal-related fee. The order did not itself dismiss the action.

Disposition and classification

Judge Laura Taylor Swain issued an order directing Scales to provide original signatures and conditioning further processing of the case on compliance. This is a procedural order because it addressed filing requirements and the ability to proceed without paying fees, rather than deciding the underlying claims against Newtek One.