Culbreth v. Orange County Jail
- Kenneth Karas
- 7:24-cv-00075
- U.S. District Court · Southern District of New York
- 2
In Culbreth v. Orange County Jail, Judge Swain ordered an original signature within 30 days or the action will be dismissed without prejudice.
Kareem H. Culbreth, who must provide an original signature for the action to proceed; the defendants are not substantively affected by this order.
What happened
Kareem H. Culbreth filed this action without a lawyer, but his complaint did not include a handwritten or hand-placed signature. The court explained that federal and local rules require an unrepresented party to sign a complaint.
The court ordered Culbreth to resubmit the complaint’s signature page with an original signature within 30 days. No summons will issue at this time, and the case will proceed through the Clerk’s Office if he complies.
Chief United States District Judge Laura Taylor Swain stated that failure to comply will result in dismissal without prejudice. She also denied permission to appeal without paying the filing fee because any appeal would not be taken in good faith.
The detailed version
- Culbreth v. Orange County Jail · No. 7:24-cv-00075
- Kenneth Karas
- Jan. 22, 2024
Background
Kareem H. Culbreth brought the action without a lawyer. He submitted a complaint that did not contain a signature. The opinion states that Rule 11(a) of the Federal Rules of Civil Procedure and Local Civil Rule 11.1(a) require an unrepresented party to sign a complaint. The court further explained that the signature must be handwritten or another mark placed by the person signing.
Order
The court directed Culbreth to resubmit the complaint’s signature page with an original signature within 30 days of the order. No summons will issue at this time. If Culbreth complies, the Clerk’s Office will process the case under its usual procedures. If he does not comply within the allowed time, the action will be dismissed without prejudice, meaning the order does not bar a later refiling.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fee. Chief United States District Judge Laura Taylor Swain signed the order.
Classification
This is a procedural order because it addresses the complaint’s signature requirement and does not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.