Brown v. Nash
- Laura Swain
- 1:24-cv-02824
- U.S. District Court · Southern District of New York
- 1
In Brown v. Nash, Judge Swain dismissed Nkosi S. Brown’s complaint without prejudice for lacking an original signature and denied appeal fee status.
Nkosi S. Brown’s complaint was dismissed without prejudice because he did not submit the required signed signature page. The court also denied him permission to proceed without paying fees for an appeal. The opinion does not state the effect on the claims against Dwayne A. Nash and the other defendants beyond ending this complaint.
What happened
In Brown v. Nash, the court had ordered Nkosi S. Brown to resubmit the complaint’s signature page and the application to proceed without paying filing fees, each with an original signature.
Brown did not submit the signed signature page. The court also noted that he had not provided an address, so the Clerk could not mail him a copy of the earlier order.
Judge Swain dismissed the complaint without prejudice. She also denied Brown permission to proceed without paying fees for an appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Brown v. Nash · No. 1:24-cv-02824
- Laura Swain
- May 21, 2024
Background
Nkosi S. Brown sued Dwayne A. Nash and other defendants. On April 18, 2024, the Court directed Brown to resubmit the signature pages of his complaint and his application to proceed without paying filing fees, each bearing an original signature. The Court warned that failure to comply would result in dismissal.
The opinion states that Brown did not submit the signed signature page. It also states that Brown did not provide an address, preventing the Clerk of Court from mailing him a copy of the April 18 order.
Ruling
The Court dismissed the complaint without prejudice under Federal Rule of Civil Procedure 11(a), which requires a party filing a paper with the court to provide an appropriate signature. The court therefore did not decide the underlying claims.
The Court additionally certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.