Munoz-Hilliard v. Mount Sinai Morningside Hospital

Background

Antonio A. Munoz-Hilliard brought the action without a lawyer against Mount Sinai Morningside Hospital and Jenny Ng. The complaint he submitted was unsigned. The court cited Federal Rule of Civil Procedure 11(a) and the Southern District of New York's local rule, which require an unrepresented party to sign a pleading, written motion, or other paper.

Order

The court directed Munoz-Hilliard to submit a signed copy of the complaint within 30 days of the order. If submitted by mail or in person, the complaint must contain an original signature. If submitted by email, it must comply with the court's electronic filing rules and may use an electronic signature in the signature block or a typed name preceded by “/s/” in the signature block. The filing must be labeled with docket number 24-CV-2598 (VEC).

The court stated that if Munoz-Hilliard fails to submit a signed complaint within the allowed time, the action will be dismissed without prejudice. “Without prejudice” means the order does not bar a later filing based on the same matter, although the opinion does not further explain the effect of any later filing.

Munoz-Hilliard also submitted an unsigned consent form for receiving court documents electronically. The court explained that he must submit a properly signed consent form if he wishes to receive documents electronically. The order notes that consenting to electronic service would mean he would no longer receive court documents by regular mail.

Other Ruling and Disposition

Judge Valerie Caproni certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without paying the filing fees. The order did not decide the underlying claims against the defendants.