Pittman v. Brown
- Laura Swain
- 1:24-cv-03093
- U.S. District Court · Southern District of New York
- 6
In Pittman v. Brown, Judge Swain ordered Nadira A. Pittman to pay fees or submit corrected paperwork before the case proceeds.
Nadira A. Pittman must either pay the $405 filing and administrative fees or submit a corrected IFP application, and must sign and submit the required certification within 30 days. The case will not proceed unless she complies; failure to comply will result in dismissal without prejudice to refiling.
What happened
In Pittman v. Brown, Nadira A. Pittman is representing herself and asked to proceed without paying court fees in advance. The court found that her application did not provide enough information to determine whether she could afford the fees.
Within 30 days, Pittman must either pay $405 or submit a completed and signed amended application explaining why she cannot pay. She must also sign and submit the required certification because her complaint was unsigned.
Judge Laura Taylor Swain ordered that the case will not proceed until Pittman complies. If she does not comply or request more time, the action will be dismissed without prejudice, meaning it may be filed again.
The detailed version
- Pittman v. Brown · No. 1:24-cv-03093
- Laura Swain
- May 15, 2024
Background
Nadira A. Pittman brought this action without a lawyer. She submitted an application to proceed without prepaying fees, commonly called an IFP application. The court explained that filing the action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application showing that the plaintiff cannot pay.
The court found that Pittman's application lacked enough information to determine whether she was unable to pay. She stated that her last employment ended on January 10, 2024, but did not state her gross monthly wages at that time. She entered “0.0” or “n/a” for questions about money in the bank, property, monthly expenses, dependents, and how she was paying her living expenses. She reported $75,000 in debt or financial obligations but did not identify to whom the debt was owed.
The complaint was also unsigned. Rule 11(a) requires an unrepresented party to sign pleadings and other papers, although the court explained that an electronic signature or a typed name preceded by “/s/” may be used for a document submitted by email under the court’s filing procedures.
Order
The court directed Pittman, within 30 days of the order, to do both of the following:
1. Either pay the $405 in fees or submit a completed, signed amended IFP application that answers all relevant questions and provides facts showing that she cannot pay the fees; and 2. Sign and submit the attached “Plaintiff’s Certification and Warnings.”
No further action will be taken, and no summons will issue or answer will be required, until Pittman provides the required signature and either pays the fees or submits a completed and signed amended IFP application. If the amended application is granted, she will be allowed to proceed without prepaying fees. If she does not comply or seek an extension of time, the action will be dismissed without prejudice to refiling.
Ruling and Effect
Judge Laura Taylor Swain did not decide the claims against Ali Brown or Deonna Brown. The order addresses filing-fee eligibility and the missing signature. The court also certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.