Gibson-Bradley v. Ultium Cells, LLC

District Court, M.D. Tennessee

Gibson-Bradley v. Ultium Cells, LLC

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

JACQUELINE GIBSON-BRADLEY, ) ) Plaintiff, ) ) No. 3:25-cv-00613 v. ) ) JUDGE CAMPBELL ULTIUM CELLS, LLC, ) MAGISTRATE JUDGE HOLMES ) Defendant. )

ORDER

Plaintiff Jacqueline Gibson-Bradley, a resident of Davenport, Iowa, has filed a pro se Complaint (Doc. No. 1) against Defendant Ultium Cells, LLC, a resident of Tennessee, alleging violations of the Americans with Disabilities Act of 1990 and

42 U.S.C. § 12101

, et seq., alleging “disability discrimination, retaliation, hostile work environment, and wrongful termination.” (Id. at PageID# 1). Plaintiff further filed an Application for Leave to Proceed In Forma Pauperis (“IFP Application”). (Doc. No. 2). I. SIGNATURE REQUIREMENT The Complaint lacks a signature. (Doc. No. 1 at PageID# 2). “Every pleading…must be signed by…a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a). “The United States Supreme Court interpreted Rule 11(a)’s signature requirement to ‘call for a name handwritten…’” Purvey v. Knoxville Police Department, 3:20-CV-317,

2021 WL 1840443

, at *1 (E.D. Tenn. May 7, 2021) (quoting Becker v. Montgomery,

532 U.S. 757, 764

(2001)). Because the Complaint lacks a signature, the Court cannot consider the Complaint as is. Plaintiff may cure the deficiency by filing the Complaint with a handwritten signature as required by Rule 11(a). Plaintiff MUST cure the deficiency within 30 DAYS of the date this Order is entered on the docket. II. FILING FEE Plaintiff submitted her own self-created IFP Application. (Doc. No. 2). Thus, the Court cannot rule on Plaintiff’s IFP Application as submitted. In the Middle District of Tennessee,

“[n]on-prisoner litigants must use the long form AO239” that provides more detailed financial information. See https://www.tnmd.uscourts.gov/pro-se-forms-and-information-sheets-non- prisoner. Therefore, the Court DENIES the IFP Application without prejudice. (Doc. No. 2). Considering Plaintiff’s pro se status, the Court will allow her an opportunity to submit a proper IFP Application. If Plaintiff wishes to obtain pauper status, she MUST submit her own properly completed and signed “long form” pauper application. The Clerk is DIRECTED to mail Plaintiff a long-form pauper application for her convenience. Plaintiff MUST return the IFP Application no later than 30 DAYS from the entry of this Order. If not, at the expiration of the 30- day period, the Court may dismiss this action.

Rather than seek pauper status, Plaintiff may submit the full civil filing fee of $405.00 by the same deadline. This fee consists of a $350.00 filing fee and a $55 administrative fee. See

28 U.S.C. § 1914

(a)-(b); District Court Miscellaneous Fee Schedule, https://www.uscourts.gov/services-forms/fees/district-court-miscellaneous-fee-schedule, provision 14 (eff. Dec. 1, 2023). Plaintiff is cautioned that failure to comply with this Order in full by the above deadline (or to request an extension of the 30-day period for compliance before it expires) may result in dismissal of the Complaint for want of prosecution and failure to follow the Order of the Court. Fed. R. Civ. P. 41(b). Failure to keep the Court apprised of any change in Plaintiff's address of record may also result in dismissal. M.D. Tenn. L.R. 41.01(b). IH. CONCLUSION Plaintiff MUST provide a signed Complaint within 30 DAYS of the date this Order is entered on the docket. The IFP Application (Doc. No. 2) is DENIED without prejudice. Plaintiff MUST submit a proper IFP Application as detailed above within 30 DAYS from the entry of this Order. It is so ORDERED.

CHIEF UNITED STATES DISTRICT JUDGE

Reference

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