Williford v. Firework
- Laura Swain
- 1:24-cv-02335
- U.S. District Court · Southern District of New York
- 2
In Williford v. Firework, Judge Swain ordered a signed complaint within 30 days or dismissal without prejudice.
Salina Williford, who must submit a signed complaint within 30 days to avoid dismissal without prejudice; Firework and the other named defendants are affected because the case will not proceed to summons issuance unless she complies.
What happened
Salina Williford sued Firework and others without a lawyer, but the complaint she submitted was unsigned. The court explained that an unrepresented party must personally sign a complaint.
The court ordered Williford to resubmit a signed complaint within 30 days. It gave instructions for original and electronic signatures, required the docket number on the submission, and said no summons would issue yet.
Judge Swain stated that failure to comply would result in dismissal without prejudice. She also denied the ability to proceed without paying fees for an appeal because the court certified that an appeal would not be taken in good faith.
The detailed version
- Williford v. Firework · No. 1:24-cv-02335
- Laura Swain
- Mar. 28, 2024
Background
Salina Williford brought the action without a lawyer. Her complaint was unsigned and did not use the court's form or include a signature page. Federal Rule of Civil Procedure 11(a) and the court's local rule require an unrepresented party to sign a complaint.
Court's Order
The court directed Williford to resubmit a signed complaint within 30 days of the order. A complaint submitted by mail or in person must have an original signature. A complaint submitted by email must follow the Southern District of New York's electronic filing rules and may use an authorized electronic signature or a typed name preceded by "/s/" in the signature block. The submission must include docket number 24-CV-2335 (LTS). The court attached an employment-discrimination complaint form for Williford to use.
No summons would issue at that time. If Williford complied, the Clerk's Office would process the case under its procedures. If she did not comply within the allowed time, the action would be dismissed without prejudice.
Appeal and Disposition
Chief United States District Judge Laura Taylor Swain 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 permission to proceed without paying fees for purposes of an appeal. The order did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.