Opinion
21-CV-6766 (LTS)
08-13-2021
ALEJANDRO MARCIAS BARAJAS, Petitioner, v. SUPERINTENDENT, OF FIVE POINTS CORRECTIONAL FACILITY; LETISHA JAMES, ATTORNEY GENERAL OF THE STATE OF NEW YORK DEPT. OF LAW THE CAPITOL, Respondents.
ORDER DIRECTING ORIGINAL SIGNATURES
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE
Petitioner brings this action pro se. Petitioner submitted the petition and the application to proceed in forma pauperis (IFP) without signatures. Rule 11(a) of the Federal Rules of Civil Procedure provides that “[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name - or by a party personally if the party is unrepresented.” See also Local Civil Rule 11.1(a). The Supreme Court has interpreted Rule 11(a) to require “as it did in John Hancock's day, a name handwritten (or a mark handplaced).” Becker v. Montgomery, 532 U.S. 757, 764 (2001).
Petitioner is directed to resubmit the signature pages of the complaint and the IFP application with original signatures to the Court within thirty days of the date of this order. A copy of each signature page is attached to this order.
The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. No answer shall be required at this time. If Petitioner complies with this order, the case shall be processed in accordance with the procedures of the Clerk's Office. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue).
SO ORDERED.