Pittman v. Scholastic Corporate
- Laura Swain
- 1:24-cv-01407
- U.S. District Court · Southern District of New York
- 2
In Pittman v. Scholastic Corporate, Chief Judge Swain ordered a new handwritten signature within 30 days or the action will be dismissed.
The order directly affects pro se plaintiff Eddie LaReece Pittman and temporarily prevents the action against Scholastic Corporate and the other named defendants from proceeding until Pittman supplies the required original signature.
What happened
In Pittman v. Scholastic Corporate, Eddie LaReece Pittman filed the complaint without a signature. The court said federal and local rules require an unrepresented party to personally sign a filing.
The court ordered Pittman to resubmit the complaint’s signature page with an original signature within 30 days. No summons will issue yet, and the case will be processed if Pittman complies; otherwise, the action will be dismissed.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied permission to proceed without paying court fees for an appeal.
The detailed version
- Pittman v. Scholastic Corporate · No. 1:24-cv-01407
- Laura Swain
- Feb. 27, 2024
Background
Eddie LaReece Pittman brought this action without a lawyer. The complaint was submitted without 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 a pleading or other filing personally. The court explained that the required signature must be handwritten or a personally placed mark.
Order
The court directed Pittman 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 Pittman complies, the Clerk’s Office will process the case under its usual procedures. If Pittman does not comply within the allowed time, the action will be dismissed.
Judge Laura Taylor Swain also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without paying court fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.