Becker v. Montgomery, 532 U.S. 757, 4 (2001)

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Cite as: 532 U. S. 757 (2001)

Opinion of the Court

by attorneys, pro se parties, like Becker, must sign within Rule 4's time line to avoid automatic dismissal. The foundation for this argument is Appellate Rule 3(c)(2), which reads: "A pro se notice of appeal is considered filed on behalf of the signer and the signer's spouse and minor children (if they are parties), unless the notice clearly indicates otherwise." That provision does not dislodge the signature requirement from its Civil Rule 11(a) moorings and make of it an Appellate Rule 3 jurisdictional specification. Rather, Rule 3(c)(2) is entirely ameliorative; it assumes and assures that the pro se litigant's spouse and minor children, if they were parties below, will remain parties on appeal, unless the notice clearly indicates a contrary intent. This reading of Rule 3(c)(2) is in harmony with a related ameliorative rule, Appellate Rule 3(c)(4), which provides: "An appeal must not be dismissed for informality of form or title of the notice of appeal, or for failure to name a party whose intent to appeal is otherwise clear from the notice." Imperfections in noticing an appeal should not be fatal where no genuine doubt exists about who is appealing, from what judgment, to which appellate court. See, e. g., Smith v. Barry, 502 U. S. 244, 245, 248-249. Pp. 766-768.

Reversed and remanded.

Ginsburg, J., delivered the opinion for a unanimous Court.

Jeffrey S. Sutton, by appointment of the Court, 531 U. S. 1123, argued the cause for petitioner. With him on the briefs were Ronald E. Laymon and Chad A. Readler.

Stewart A. Baker, by invitation of the Court, 531 U. S. 1110, argued the cause and filed a brief as amicus curiae in support of the judgment below. Betty D. Montgomery, Attorney General of Ohio, pro se, and David M. Gormley, State Solicitor, filed a brief for respondents.

Justice Ginsburg delivered the opinion of the Court. Petitioner Dale G. Becker, an Ohio prisoner, instituted a pro se civil rights action in a Federal District Court, contesting conditions of his confinement. Upon dismissal of his complaint for failure to state a claim for relief, Becker sought to appeal. Using a Government-printed form, Becker timely filed a notice of appeal that contained all of the requested information. On the line tagged "(Counsel for Appellant),"

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