Pittman v. United States Government

Background

Nadira A. Pittman submitted a civil complaint to the court by email. She did not pay the required filing fees and did not submit an application to proceed without prepaying those fees. The complaint was also unsigned.

Order

The court directed Pittman, within 30 days of the order, to do both of the following:

1. Either pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee, or complete, sign, and submit an application to proceed without prepaying fees. The application must answer the relevant questions and provide information showing that she cannot pay the fees. 2. Sign and submit the attached “Plaintiff’s Certification and Warnings.”

The court explained that an unrepresented party must personally sign pleadings and other papers under Federal Rule of Civil Procedure 11(a). For documents submitted by email under the court’s procedures, Pittman may use an electronic signature or a typed name preceded by “/s/.”

No further action will be taken, and no summons or answer will be required, until Pittman submits the required signature and either pays the fees or submits a completed and signed fee-waiver application. If she complies, the case will be processed under the Clerk’s Office procedures. If she does not comply within the allowed time, and does not request an extension, the action will be dismissed without prejudice to refiling.

Disposition

Chief Judge Laura Taylor Swain ordered Pittman to pay the fees or submit the fee-waiver application and to sign and submit the certification. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.