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Mitchell v. Miller

United States District Court, S.D. New York
Sep 15, 2021
21-CV-4744 (LTS) (S.D.N.Y. Sep. 15, 2021)

Opinion

21-CV-4744 (LTS)

09-15-2021

KWAMIE MITCHELL, Petitioner, v. SUPT. MARK MILLER, Respondent.


ORDER DIRECTING ORIGINAL SIGNATURE

LAURA TAYLOR SWAIN, Chief United States District Judge

Petitioner brings this action pro se. He submitted the petition without a signature. 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 page of the petition with an original signature to the Court within thirty days of the date of this order. A copy of the 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 in forma pauperis 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.


Summaries of

Mitchell v. Miller

United States District Court, S.D. New York
Sep 15, 2021
21-CV-4744 (LTS) (S.D.N.Y. Sep. 15, 2021)
Case details for

Mitchell v. Miller

Case Details

Full title:KWAMIE MITCHELL, Petitioner, v. SUPT. MARK MILLER, Respondent.

Court:United States District Court, S.D. New York

Date published: Sep 15, 2021

Citations

21-CV-4744 (LTS) (S.D.N.Y. Sep. 15, 2021)