Scales v. Lower Eastside People's Federal Credit Union
- Laura Swain
- 1:23-cv-07643
- U.S. District Court · Southern District of New York
- 4
In Scales v. Lower Eastside People’s Federal Credit Union, Judge Swain ordered Scales to submit original signatures before the case could proceed.
William Scales, the unrepresented plaintiff, must provide original signatures for the complaint and fee-waiver application before the case can proceed. The case may be dismissed if he does not comply within 30 days.
What happened
In Scales v. Lower Eastside People’s Federal Credit Union, William Scales filed a lawsuit and an application to proceed without paying court fees, but neither document was signed. The court explained that an unrepresented party must personally sign court papers.
The court ordered Scales to resubmit the signature page for both documents with an original signature within 30 days. It directed that no summons be issued for now.
If Scales complies, the case will be processed by the Clerk’s Office; if he does not, the action will be dismissed. Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Scales v. Lower Eastside People's Federal Credit Union · No. 1:23-cv-07643
- Laura Swain
- Oct. 25, 2023
Background
William Scales brought the action without a lawyer and submitted a complaint and an application to proceed without prepaying court fees. The court found that both documents lacked a signature.
Court’s Analysis
Federal Rule of Civil Procedure 11(a) and Local Civil Rule 11.1(a) require an unrepresented party to sign court papers personally. Citing the Supreme Court’s interpretation of Rule 11(a), the court stated that the rule requires a handwritten name or a mark placed by hand.
Order
The court directed Scales to resubmit the complaint’s signature page and the application’s signature page with an original signature within 30 days of the order. It ordered that no summons issue at that time. If Scales complies, the Clerk’s Office will process the case under its procedures. If he fails to comply within the allowed time, 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 permission to appeal without prepaying fees.
Scope of the Order
The opinion does not address the underlying claims against Lower Eastside People’s Federal Credit Union. The order concerns the missing signatures and the immediate processing of the case.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.