Jean-Louis v. Mayor N.Y.C.
- Laura Swain
- 1:24-cv-00498
- U.S. District Court · Southern District of New York
- 3
In Jean-Louis v. Mayor N.Y.C., Judge Swain ordered a handwritten signature within 30 days and denied fee-free status for any appeal.
Joe Jean-Louis, who must submit an original signature on the complaint’s signature page within 30 days to avoid dismissal of the action.
What happened
In Jean-Louis v. Mayor N.Y.C., Joe Jean-Louis brought the case without a lawyer. He submitted the complaint without signing it.
The court explained that court filings by people without lawyers must bear their personal signatures. It directed Jean-Louis to submit the complaint’s signature page with an original signature within 30 days. No answer from the defendant was required at that time.
Judge Laura Taylor Swain said the case would proceed through the Clerk’s Office if Jean-Louis complied, but would be dismissed if he did not. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Jean-Louis v. Mayor N.Y.C. · No. 1:24-cv-00498
- Laura Swain
- Jan. 26, 2024
Background
Joe Jean-Louis filed this action without a lawyer. The complaint was submitted without a signature.
Court’s analysis
Federal Rule of Civil Procedure 11(a) requires every pleading, written motion, and other paper to be signed by an attorney or, when a party is unrepresented, by that party personally. The court also cited the Southern District of New York’s Local Civil Rule 11.1(a). It explained that the required signature must be handwritten or another mark placed by hand.
Order
The court directed Jean-Louis to resubmit the complaint’s signature page with an original signature within 30 days of the order. No answer was required at that time. The court stated that, if Jean-Louis complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed.
Judge Laura Taylor Swain also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied fee-free status for purposes of an appeal. The order did not address the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.