Hayes v. ASCAP
- Laura Swain
- 1:24-cv-01883
- U.S. District Court · Southern District of New York
- 2
In Hayes v. ACAP, Judge Swain ordered a signed, legible complaint within 30 days or dismissal without prejudice.
The order directly affects Arika Hayes and the plaintiffs’ ability to proceed with the case. It requires a signed, legible complaint and states that the action will be dismissed without prejudice if the required filing is not submitted on time.
What happened
In Hayes v. ACAP, Arika Hayes filed a complaint without a signature, and the court said the document also appeared malformed and illegible on the docket. The opinion states that Hayes was representing herself.
The court ordered the plaintiff to submit a signed complaint within 30 days. A mailed or hand-delivered complaint must have an original signature; an emailed complaint may use an electronic signature or a typed name marked "/s/" in the signature block. The complaint must include docket number 24-CV-1883 (LTS), and no summons would issue at that time.
Judge Laura Taylor Swain stated that the case would be processed if the order was followed, but that failure to comply would result in dismissal without prejudice. She also denied permission to appeal without paying the filing fee, finding that an appeal would not be taken in good faith.
The detailed version
- Hayes v. ASCAP · No. 1:24-cv-01883
- Laura Swain
- Mar. 14, 2024
Background
Arika Hayes brought the action representing herself. The complaint was submitted without a signature. The court also stated that the complaint appeared to be malformed and illegible on the docket.
Court’s analysis
The court relied on Rule 11(a) of the Federal Rules of Civil Procedure and Local Civil Rule 11.1(a), which require an unrepresented party to personally sign a pleading. The court explained that a typed name alone does not satisfy the signature requirement. For an electronic filing submitted by email under the Southern District of New York’s electronic-filing rules, a pro se party may use an electronic signature or a typed name preceded by "/s/" in the signature block. The court further stated that, if there are two plaintiffs, each must sign the complaint.
Order
The court directed the plaintiff to resubmit a signed complaint within 30 days of the order. If submitted by mail or in person, the complaint must contain an original signature. The resubmitted complaint must bear docket number 24-CV-1883 (LTS). No summons would issue at that time. If the plaintiff complied, the case would be processed under the Clerk’s Office procedures; if the plaintiff failed to comply within the permitted period, the action would be dismissed without prejudice.
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 and denied permission to appeal without paying the filing fee.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.