Frederick v. United States
- Laura Swain
- 1:24-cv-01626
- U.S. District Court · Southern District of New York
- 2
In Frederick v. United States, Judge Swain ordered Frederick to pay fees or correct unsigned filings within 30 days.
Robert Michael Frederick must either pay the $405 filing and administrative fees or submit the required completed and signed documents within 30 days. If he does not comply, the action will be dismissed; no summons issues unless he complies.
What happened
In Frederick v. United States, Robert Michael Frederick filed a lawsuit without paying the required fees and submitted an incomplete, unsigned application to proceed without paying them upfront. He also submitted an unsigned complaint and is representing himself.
The court gave Frederick 30 days to either pay $405 in fees or submit a completed and signed application to proceed without paying upfront, along with an original signature page for the complaint. The court said he must answer every question on the application so it can evaluate whether he can afford the fees.
Judge Laura Taylor Swain ordered that no summons issue yet. If Frederick does not comply within 30 days, the action will be dismissed; if he complies, the Clerk’s Office will process the case. The court also denied permission to appeal without paying fees.
The detailed version
- Frederick v. United States · No. 1:24-cv-01626
- Laura Swain
- Mar. 4, 2024
Background
Robert Michael Frederick brought this civil action without a lawyer. He submitted a complaint without paying the required $405 in filing and administrative fees. He also submitted an application to proceed without prepaying fees, commonly called an IFP application, but did not answer any of its questions or sign it. The complaint itself was also unsigned.
Court’s Analysis
The court explained that a plaintiff must either pay the required fees or submit a signed application asking to proceed without prepaying them. The court also relied on the federal and local rules requiring an unrepresented party to personally sign a complaint or other filing. An original handwritten signature or personally placed mark was required.
Order
The court directed Frederick, within 30 days of the order, to do one of two things: pay the $405 in fees, or submit a completed and signed amended IFP application and resubmit the complaint’s signature page with an original signature. The amended application must answer every question and identify docket number 24-CV-1626 (LTS). The court attached the amended application form and a copy of the signature page.
No summons shall issue at this time. If Frederick complies, the case will be processed under the Clerk’s Office’s procedures. If he does not comply within the allowed time, the action will be dismissed. Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.