Pittman v. United states Government
- Laura Swain
- 1:24-cv-01127
- U.S. District Court · Southern District of New York
- 2
In Pittman v. United States Government, Judge Swain declined to reopen the dismissed case and denied appeal-related fee waiver status after Pittman failed to sign her complaint.
Nadira A. Pittman, whose request to reopen the dismissed action was not granted and whose request to appeal without paying fees was denied.
What happened
Nadira A. Pittman sued the United States Government, alleging harassment, stalking, and defamation. She was representing herself. The court had ordered her to sign and resubmit the complaint within 30 days.
The court had dismissed the case on March 29, 2024, after Pittman did not comply with that order. The dismissal allowed her to file the lawsuit again. Pittman later sent a signed page from her application to proceed without paying filing fees, but not a signed complaint.
The court ruled that this submission did not justify reopening the case. Judge Laura Taylor Swain also stated that an appeal would not be taken in good faith and denied Pittman permission to appeal without paying fees.
The detailed version
- Pittman v. United states Government · No. 1:24-cv-01127
- Laura Swain
- Apr. 8, 2024
Background
Nadira A. Pittman, who was representing herself, brought this action against the United States Government. The complaint alleged that she had been subjected to “harassment, stalking and defamation of character.”
On February 16, 2024, the court ordered Pittman to sign the complaint and resubmit it within 30 days. The order warned that failing to comply would result in dismissal. On March 29, 2024, the court dismissed the action without prejudice, meaning Pittman could file the suit again.
The Court’s Ruling
The court later received a signature page from Pittman’s application to proceed without paying filing fees. The court found that this submission did not respond to the order requiring her to sign the complaint and therefore did not provide a basis for reopening the action.
The court also emphasized that the prior dismissal without prejudice did not prevent Pittman from refiling the suit. It certified under federal law that any appeal from this order would not be taken in good faith and denied permission to appeal without paying fees. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.