Gattuso v. Hamilton
- Vernon Broderick
- 1:24-cv-02880
- U.S. District Court · Southern District of New York
- 3
In Gattuso v. Hamilton, Judge Broderick ordered the self-represented plaintiff to sign his complaint within 30 days or face dismissal without prejudice.
Matthew Anthony Gattuso, who was ordered to sign and return the complaint’s signature page within 30 days. The order stated that the action would proceed if he complied and would be dismissed without prejudice if he did not.
What happened
In Gattuso v. Hamilton, Matthew Anthony Gattuso brought the case without a lawyer, but the complaint he submitted was unsigned. Federal Rule of Civil Procedure 11 requires an unrepresented party to sign court papers personally.
The court ordered Gattuso to return a signature page within 30 days. A handwritten signature was required for documents mailed or delivered in person; for documents emailed under the court’s procedures, he could use an electronic signature or a typed name preceded by “/s/.”
Judge Vernon S. Broderick stated that the case would proceed if Gattuso complied. If he did not comply within the allowed time, the court would dismiss the action without prejudice. The court also denied fee-free status for any appeal and directed the Clerk to mail the order to Gattuso.
The detailed version
- Gattuso v. Hamilton · No. 1:24-cv-02880
- Vernon Broderick
- Apr. 25, 2024
Background
Matthew Anthony Gattuso filed this action without a lawyer. The complaint submitted to the court did not contain a signature.
Rule and Court’s Analysis
Federal Rule of Civil Procedure 11(a) requires every pleading, written motion, and other paper to be signed. When a party is not represented by a lawyer, the party must sign personally. The court explained that a typed name alone does not satisfy the rule for a paper filed by mail or delivered in person. The court also noted that its electronic-filing procedures allow a self-represented party who submits a document by email to use an electronic signature or a typed name preceded by “/s/.”
Order
The court directed Gattuso to sign and submit the attached signature page within 30 days of the order. The signed document had to include docket number 1:24-CV-2880 (VSB). The court stated that the action would proceed if Gattuso complied. If he failed to comply within the allowed time, the court would dismiss the action without prejudice.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk of Court was directed to mail a copy of the order to Gattuso.
Disposition
The court issued an order directing a signature; it did not dismiss the action in this order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.