Rosa v. Administration for Children Services
- Laura Swain
- 1:24-cv-03908
- U.S. District Court · Southern District of New York
- 2
In Rosa v. Administration for Children Services, Judge Swain ordered Felicia Rosa to sign her filings within 30 days or face dismissal without prejudice.
Felicia Rosa, who is proceeding without a lawyer; the order concerns her complaint and application to proceed without paying the filing fee. The defendant was not required to respond at this time.
What happened
In Rosa v. Administration for Children Services, Felicia Rosa brought the action without a lawyer, but her complaint and application to proceed without paying filing fees were unsigned. The court explained that an unrepresented party must sign court papers.
The court ordered Rosa to submit signed pages for both documents within 30 days. A handwritten signature was required for documents submitted by mail or in person; an electronic signature or a typed name preceded by “/s/” could be used for an email submission under the court’s electronic-filing rules.
Judge Swain directed that no summons or answer issue yet. If Rosa complies, the Clerk’s Office will process the case; if she does not, the action will be dismissed without prejudice. The court also denied fee-free status for any appeal from this order, finding that such an appeal would not be taken in good faith.
The detailed version
- Rosa v. Administration for Children Services · No. 1:24-cv-03908
- Laura Swain
- May 24, 2024
Background
Felicia Rosa filed this action without a lawyer. The complaint and her application to proceed without paying the filing fee were unsigned.
Rule 11 signature requirement
Federal Rule of Civil Procedure 11(a) requires an unrepresented party to sign every pleading, written motion, and other paper filed with the court. The court cited the Supreme Court’s interpretation of that rule, which requires a handwritten signature or a mark placed by hand, unless electronic filing rules apply.
Order
The court directed Rosa to submit, within 30 days of the order, two documents: the signature page for her complaint, titled “Plaintiff’s Certification and Warnings,” and the signature page for her application to proceed without paying the filing fee.
For a submission by mail or in person, the signature must be handwritten. If Rosa submits the documents by email to ProSe@nysd.uscourts.gov, she may use an electronic signature or a typed name preceded by “/s/,” such as “/s/ Rosa Felicia.” The documents must include docket number 24-CV-3908 (LTS).
Effect on the case
The court ordered that no summons or answer issue at that time. If Rosa complies with the signature order, the Clerk’s Office will process the case under its procedures. If she does not comply within the allowed time, the action will be dismissed without prejudice.
The court also 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 such an appeal.
Disposition
This was an order addressing filing requirements, not a decision on the underlying claims. The court directed Rosa to correct the missing signatures and stated that failure to do so would result in dismissal without prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.