Leonard v. United States of America
- Laura Swain
- 1:23-cv-08562
- U.S. District Court · Southern District of New York
- 3
Leonard v. United States, Judge Swain ordered an original signature within 30 days or the action will be dismissed.
Laverne M. Leonard and the pending action against the United States of America and the other named defendants.
What happened
In Laverne M. Leonard v. United States of America, Laverne M. Leonard filed the action without a lawyer, but the complaint did not include a required signature.
The court ordered Leonard to resubmit the complaint’s signature page with an original signature within 30 days. No summons will issue yet; the case will proceed through the Clerk’s Office if she complies, but the action will be dismissed if she does not.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
The detailed version
- Leonard v. United States of America · No. 1:23-cv-08562
- Laura Swain
- Oct. 23, 2023
Background
Laverne M. Leonard brought the action without a lawyer. The complaint was submitted without a signature.
Court’s reasoning
The court relied on Federal Rule of Civil Procedure 11(a) and Local Civil Rule 11.1(a), which require an unrepresented party to personally sign a pleading. The court explained that this requirement calls for a handwritten signature or a mark placed by hand.
Order and effect
The court directed Leonard to resubmit the complaint’s signature page with an original signature within 30 days after the order. A copy of the signature page was attached to the order. No summons will issue at this time. If Leonard complies, the case will be processed under the Clerk’s Office procedures. If she does not comply within the allowed period, the action will 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 and denied fee-free status for purposes of an appeal. The order did not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.