Publicola v. Lomenzo, No. 22-795 (2d Cir. 2022)
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Appellant, proceeding pro se and under the pseudonym, “Publius Publicola,” appeals from the district court’s judgment (1) denying his motion to proceed under a pseudonym and (2) dismissing his claims under 42 U.S.C. Section 1983 against various state and municipal officials and agencies for actions they took in response to his efforts to seal records pertaining to criminal cases from his youth.
After the Court ordered him to refile his briefs under his real name, with leave to request filing under seal should circumstances justify the filing of a redacted version on the public docket, Appellant submitted a letter indicating his refusal to comply with the Court’s order.
On appeal, the Second Circuit was tasked with deciding (1) whether a litigant may comply with Federal Rule of Appellate Procedure 32(d) – which requires that “every brief, motion, or other paper filed with the Court of Appeals must be signed by the party filing the paper” – by signing his submissions under a pseudonym; and (2) whether a pro se appellant’s failure to comply with that requirement warrants dismissal of his appeal.
The Second Circuit dismissed the appeal. The court concluded that, because papers signed under a pseudonym cannot adequately “ensure that a readily identifiable attorney or party takes responsibility for every paper,” they do not satisfy Rule 32(d). The court further concluded that under Rule 3(a)(2) and our precedents emphasizing the obligation of pro se litigants to comply with Court orders, dismissal is warranted here.
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