Buckner v. New York Administration for Childrens Services
- Laura Swain
- 1:24-cv-02539
- U.S. District Court · Southern District of New York
- 2
In Buckner v. New York Administration for Childrens Services, Judge Swain ordered a signed complaint within 30 days or dismissal without prejudice.
Shatasia Chanel Buckner, who was representing herself, must submit a properly signed complaint for the case to be processed; otherwise, the action will be dismissed without prejudice.
What happened
In Buckner v. New York Administration for Childrens Services, Shatasia Chanel Buckner brought the action without a lawyer, but the complaint she submitted was unsigned.
The court ordered Buckner to resubmit a signed complaint within 30 days. No summons would issue yet, and the case would be processed if she complied. If she did not comply, the action would be dismissed without prejudice.
Judge Laura Taylor Swain also ruled that an appeal from the order would not be considered filed in good faith and denied permission to appeal without paying the filing fees.
The detailed version
- Buckner v. New York Administration for Childrens Services · No. 1:24-cv-02539
- Laura Swain
- Apr. 5, 2024
Background
Shatasia Chanel Buckner filed this action without a lawyer. The complaint she submitted was unsigned.
Court’s order
Federal Rule of Civil Procedure 11(a) requires an unrepresented party to sign a pleading, written motion, or other paper. The court directed Buckner to resubmit the complaint with a proper signature within 30 days of the order. A mailed or hand-delivered complaint needed an original signature. An emailed complaint could use an electronic signature in the signature block or a typed name preceded by “/s/,” consistent with the Southern District of New York’s electronic filing rules. The signed complaint also had to include docket number 24-CV-2539 (LTS).
The court ordered that no summons issue at that time. If Buckner 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, meaning the order did not bar refiling.
Appeal-fee ruling and effect
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied permission to appeal without paying the filing fees. The order addressed the complaint’s signature and related filing requirements; it did not decide the underlying claims against New York Administration for Childrens Services or any other defendant.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.