Hunter v. McGee

OPINION

This case requires the Court to determine whether the filing of a signed prae-cipe and an unsigned complaint, without either a filing fee or a motion to proceed in forma pauperis, is sufficient to satisfy a statute of limitations which would otherwise expire that day. My conclusion is that the failure to sign the complaint is correctable under Rule 11, and that the filing of a praecipe and complaint alone, without more, is sufficient to commence an action and toll a statute of limitations, subject to the requirement that the plaintiff promptly thereafter file either the filing fee or a…